VOLUME 24 ' 9 3 4 NUMBER 190 * (flVlTEO - Washington, Tuesday, September 29, 1959

§ 24.146 Social Administration Adviser CONTENTS Title 5— ADMINISTRATIVE and Social Administration Specialist (Public Assistance), (Child Wel­ Agricultural Marketing Service Fa£e PERSONNEL fare), and (Medical Social Work), Notices: GS-102—9/15. Denver Union Stock Yard Co.; Chapter I— Civil Service Commission (a) Educational requirements. All­ petition for rate order modi­ PART 24— FORMAL EDUCATION RE­ applicants must have completed a course fication______7839 Proposed rule making: QUIREMENTS FOR APPOINTMENT of study in an accredited school of social work which has fulfilled all of the re­ Cotton fiber and processing TO CERTAIN SCIENTIFIC, TECHNI­ quirements for a master’s degree in tests ; schedule . of tests and CAL, AND PROFESSIONAL POSI­ Social Work. fees______7835 TIONS (b) -Duties. Social Administration Rules and regulations: Advisers and Specialists (Public Assist­ Almonds grown in California; Social Worker, Social Administration ance), (Child Welfare), and (Medical control board expenses and Adviser and Social Administration Social Wor£) work with public and vol­ assessment rate, 1959-60 crop Specalist untary social welfare, child welfare, and year______,a-__ 7808 health agencies in developing and carry­ Irish potatoes______7809 Sections 24.57, 24.107, 24.108, 24.109, ing out social welfare programs in the Lemons grown in California and and 24.110 are revoked, and §§ 24.145 fields of financial assistance and case Arizona ; handling limitation- 7808 and 24.146 are added as set out below. work to beneficiaries, social service to Agriculture Department § 24.145 Social Worker (Clinical), children and youth, and medical and See Agricultural Marketing Serv­ (Child Welfare), and (Family Serv­ psychiatric social services. They develop ice ; Commodity Credit Corpora­ ice), GS-185-7/15. program standards, assist in the admin­ tion. (a) Educational requirements. All istration of grant-in-aid programs and Civil Aeronautics Board applicants must have completed a course give consultation to other Federal agen­ Notices: of study in an accredited school of social cies, regional offices, state agencies, and Hearings, etc. : work which has fulfilled all of the re­ public and voluntary social welfare Allegheny Airlines, Inc_____ 7841 quirements for a master’s degree in agencies in the development of program Trans-Pacific route case____ 7841 Social Work. policies, standards, and procedures. Eastern Air Lines, Inc., en­ (b) Duties. Social Workers (Clini­ (c) Knowledge and training requisite forcement proceeding____ 7841 cal) , (Child Welfare), and (Family Serv­ for performance of duties. The duties Civil Service Commission ice) render social services, or direct require a knowledge of the field of social Rules and regulations: operating social service programs in hos­ case work, family relationships, child Formal education requirements; pitals, clinics, child welfare, and family welfare, and public welfare administra­ social worker, social adminis­ service agencies. They make social tion. They also require a knowledge and tration adviser and specialist- 7805 studies of their clients, clients’ families, understanding of case-work methods and Commerce Department and the community, and work with them techniques; patterns of human behavior; See also Federal Maritime Board. in facilitating the social or medical ad­ community organization; social, eco­ Notices: justment of the client. nomic and health problems; standards Changes in financial interests: (c) Knowledge and training requisite of welfare services; and factors enter­ Dueringer, Wilber F______7840 lor performance of duties. The duties ing into dependence, neglect and delin­ Harding, George E______7840 require a knowledge of the principles quency of children. This knowledge can Report of appointment and fi­ and methods of social work and skill in be acquired only through completion of a nancial interests: Turner, L. Mason______7840 their application. They also require a course of study in an accredited school knowledge and understanding of ^case­ of social work in which the student con­ Commodity Credit Corporation work methods and techniques, patterns currently receives competent classroom Rules and regulations: of human behavior, community organ­ instruction in the techniques, principles, Rice export program, payment ization, and of social, economic, and and practices of social work and super­ in kind______7807 health problems as they affect clients. vised practice in their application. Federal Aviation Agency Rules and regulations: This knowledge can be acquired only (Sec. 11, 58 Stat. 390; 5 U.S.C. 860) through completion of a course of study Controlzones (4documents) _ 7826,7827 in an accredited school of social work U nited S tates Crvn. S erv­ Federal aid to public agencies in which the student concurrently re­ ice Commission, for development of public air­ [seal] W m. C. Hull, ports ______»__ — 7810 ceives competent classroom instruction Federal airways, control areas in the techniques, principles, and prac­ Executive Assistant. and zones, reporting points, tices of social work and supervised prac­ [F 3 . Doc. 59-8121; Filed, Sept. 28, 1959; and positive control route seg­ tice in their application. 8:52 am.] ments (7 documents)___ 7823-7826 7805 7806 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Page Labor Department Page mission— Continued Rules and regulations: Notices—Continued Meaning of terms,-and labor or­ Hearings, etc.—Continued ganization trusteeship re­ ports; miscellaneous amend­ REpublic 7-7500 ______Extension 3261 Radio M issouri Corp. (WAMV) —______— 7845 ments______7827 Published daily, except Sundays, Mondays, Rodney F. Johnson (KWJJ)- 7845 Land Management Bureau and days following official Federal holidays, Wells, William S., Jr__— 7845 Notices: by the Office of the Federal Register, National Standard broadcast applications Arkansas; proposed withdrawal Archives and Records Service, General Serv­ ready and available for proc­ for reservation of lands------7839 ices Administration, pursuant to the au­ essing—______7841 thority contained in the Federal Register Act, Proposed rule making : approved July\26, 1935 (49 Stat. 500, as Rules and regulations : Grazing leases, and Federal amended; 44 U.S.C., ch. 8B), under regula­ Practice and procedure, and range code for grazing dis­ tions prescribed by the Administrative Com­ construction, marking, and tricts______7834 mittee of thé Federal Register, approved by lighting of antenna struc­ Oil and gas leases______— 7834 the President. Distribution is made only by tures; form revision------7832 Rules and regulations: the Superintendent of Documents, Govern­ Fédéral Maritime Board Public land orders: ment Printing Office, Washington 25, D.C. . Alaska______7831 The Federal R egister will be furnished by Notices: mail to subscribers, free of postage, for $1.50 Consolidated Freightways, Inc.; California. ______7829 per month or $15.00 per year, payable in agreements filed for approval- 7840 Idaho______7831 advance. The charge for Individual copies Pacific Par East Line, Inc., et Nevada (2 documents)------: 7830 (m inim um 15 cents) varies in proportion to al.; certain storage practices' Public Health Service the size of the issue. Remit check or money order, made payable to the Superintendent • at Stockton and Oakland, Proposed rule making: of Documents, directly to the Government Calif.; investigation and hear- Biological products; sterility Printing Office, Washington 25, D.C. r in g ______7830 requirements______7835 The regulatory material appearing herein Rules and regulations: Securities and Exchange Com­ is keyed to the Code of F ederal R egulations, Application for subsidies and which is published, under 50 titles, pursuant other . direct financial aid mission to section 11 of the Federal Register Act, as (construction) —------7832 Notices: amended August 5, 1953. The Code of F ed­ American Research and De­ eral R egulations is sold by the Superin­ Federal Power Commission velopment Corp. and Jet- tendent of Documents. Prices of books and Notices: Heet, Inc.; application for pocket supplements vary. Hearings, etc. : exemption______7848 There are no restrictions on the re­ California Electric Power Co_ 7846 Social Security Administration publication of material appearing in the Cities Service Production Co. F ederal Register, or the Code of F ederal Notices: Regulations. et al__ ——------7846 Social insurance and pension Kirby Production Co------— 7846 systems in Argentina, Poland, Sohio Petroleum Co— ;------— 7847 and Bolivia; findings______7841 South Georgia Natural Gas SEMIANNUAL Co. et al—— ------— 7847 Treasury Department Tennessee Gas Transmission Notices: CFR SUPPLEMENT Co— ___ —______— 7848 Surety companies acceptable on Federal bonds; Secured In­ (As of July 1. 19591 Fish and Wildlife Service surance Co__------7838 Rules and regulations : The following semiannual cumulative Hunting in national wildlife CODIFICATION GUIDE pocket supplement is now available: refuges : Title 46, Parts 146-149, Chassahowitzka, Fla—— .— 7833 A numerical list of the parts of the Code Montezuma, N.Y------— 7833 of Federal Regulations affected by documents 1959 Supplement 1 ($1.25) Southeastern Alaska; fall chum published in this issue. Proposed rules, as salmon season----— ------7834 opposed to final actions, are identified as Order from Superintendent of Documents, such. Government Printing Office, Washington Foreign Claims.Settlement Com­ A Cumulative Codification Guide covering 25, D. C. mission the current month appears at the end of each issue beginning with the second Issue of the Rules and regulations : month. Filing of claims and procedures CONTENTS— Continued t h e r e f o r ; miscellaneous 3 CFR Page amendments------7832 Executive orders: Federal Communications Com- Page Health, Education, and Welfare Apr. 29,1912 (revoked in paît mission Department by PLO 1989) —...... L 7829 Notices: See Public Health Service ; Social 5 CFR Hearings, etc.: |! Security Administration. 2 4 „ _—— ______7805 Eastern Idaho Broadcasting and Television Co------7842 Interior Department 6 CFR Grand Haven Broadcasting See also Fish and Wildlife Serv­ 481_____ ¿___ —— 7807 Co. et al_:______— 7843 ice; Land Management Bureau. Imes, Bimey, Jr., et al------7843 Notices: 7 CFR Independent Salmon Can­ Director, Office of Saline Water; 909______-______7808 delegation of authority—----- 7839 953—______7808 neries, Inc------— ------— 7843 7809 Jabour, Maurice______— 7844 Interstate Commerce Commis­ 1066______— Jefferson Standard Broad­ Proposed rules: casting Co. et al______7844 sion > 28—___ - _____ 7835 KVFC, Inc. (KVPC)___ 7&44 Notices: 14 CFR Massachusetts Steel Treat­ Fourth section applications for ___ 7810 ing Corp___ — ______— 7844 relief—___------——— - — 7849 550—__ -¿1------— 600 (7 documents). 7823-7826 National Broadcasting Co,, Motor carrier transfer proceed­ 7823-7827 Inc. (WRCA> —____ 7845 ings—______^------7849 601 (11 documents) Tuesday, S eptem ber 29, 1959 FEDERAL REGISTER 7807 CODIFICATION GUIDE— Con. days following acceptance of the offer by ments in the first paragraph and by CCC at the export payment rates appli­ amending the second sentence of the sec­ 29 CFR Pa&e cable to the rice exported, determined ond paragraph to read, “For the pur­ 401______- ______7827 in accordance with § 481.110, in effect poses of assessing liquidated damages, an 408____ 7827 on the date the offer is accepted. exportation which has not been made § 481.108 [Amendment! within a period of 90 calendar days be­ 42 CFR ginning on the date of CCC’s acceptance Proposed rules: 2. Section 481.108(a) is amended by of the exporter’s offer or which has not 73______------7835 changing the export period from 180 to been made by the last day of any exten­ 90 days in the first paragraph and by 43 CFR sion in time for exportation approved in deleting the second paragraph in its en­ writing by the Vice President, CCC, Proposed rules: tirety so that the amended paragraph whichever date is the later, shall be 160 _____ 7834 shall read as follows: 161 ____ 7834 deemed not to have been made at all.”, (a) (1) The exporter shall export or so that the amended paragraph shall 192______7834 read as follows: Public land orders: cause exportation within a 90-day period 1989 ______7829 beginning on the date of CCC’s accept­ (c) (1) Failure of the exporter to ex­ 1990 ___ 7830 ance of the exporter’s offer or within any port in accordance with the provisions 1991 ____ 7830 extension thereof approved in writing of his contract with CCC shall constitute 1992 ______si______7831 by the Vice President, CCC, of milled rice a default of his obligations to CCC. Ex­ 1993 ______7831 or brown rice to an eligible country in ac­ portation to an eligible country, and cordance with his contract with CCC. within the period of time specified in 45 CFR If an extension of the 90-day export the exporter’s contract with CCC or as 531------7832 period is approved, it may be made sub­ approved by the Vice President, CCC, 46 CFR ject to such reduction in the export pay­ are of the essence of the contract and 251------_------7832 ment rate as may be specified by the Vice are conditions precedent to any right to President, CCC. payment under this program. Exporta­ 47 CFR (2) Exportation of rice by or to ation to other than eligible country, or 1_------______7832 United States Government agency1 to or during a period of time other than that 17------_t------7832 in a destination defined as an eligible Specified in the exporter’s contract with 50 CFR country in § 481.150 shall not qualify as CCC or approved in writing by the Vice an exportation to an eligible country for President, CCC, as provided in paragraph 34 ------7833 the purposes of this program unless ex­ (a) of this section, shall not entitle the 35 ------7833 portation is by or to the Army and Air exporter to any payment under this sub­ 115------______------7834 Force Exchange Service or the Panama part. Moreover, if the exporter does Canal Company, and an authorized offi­ not export the quantity of rice specified cial or employee of such agency certifies in the exporter’s contract with CCC, ex­ Title 6— AGRICULTURAL that the purchase price paid or to be paid cept as provided in § 481.109, such breach by such service or such company for the shall give rise to liquidated damages. % CREDIT rice exported is based in whole or in part Inasmuch as failure of the exporter to upon an export price which reflects an export will cause serious and substantial Chapter IV— Commodity Stabilization export allowance under this program losses to CCC, such as damages to CCC’s Service and Commodity Credit Cor­ from which such service or company export and price support program, and poration, Department of Agriculture benefits. the incurrence of storage, administrative and other costs, and it will be difficult, if SUBCHAPTER C— EXPORT PROGRAMS 3> Section 481.108(b) is amended by changing “210 calendar days” to “120 not impossible, to prove the exact amount / [Amdt. 2] , calendar days” in the second sentence, of such damages, the exporter shall pay to CCC liquidated damages promptly PART 481— RICE so that the amended paragraph shall read as follows: upon demand for each hundredweight Subpart— Rice Export Program; of rice not exported at the rate of $1 58 Payment-In-Kind (GR-369) (b) The exporter shall promptly fur­ per hundredweight. nish to CCC evidence of exportation as (2) The foregoing rate is agreed by the M iscellaneous Amendments specified in section 481.116 hereof. Fail­ exporter and CCC to be a reasonable esti­ The Terms and Conditions of the Rice ure to furnish evidence of exportation mate of the probable actual damages E x p o r t Program—Payment-In-Kind within 120 calendar days from the date that would be incurred by CCC. For the (GR-369) (23 F.R. 9656) as amended of CCC’s acceptance of the exporter’s purposes of assessing liquidated dam- (24 P.R. 4647) are, with regard to any offer or within 30 calendar days from the ages, an exportation which has not been contract resulting from CCC’s accept­ "last date of any extension in time for ex­ made within a period of 90 calendar days ance of an exporter’s offer to export rice portation approved by the Vice President, beginning on the date of CCC’s accept­ (milled or brown or both) which is sub­ CCC, pursuant to paragraph (a) of this ance of the exporter’s offer or which has mitted by such exporter on and after the section, whichever is later, shall consti­ not been made by the last day of any date of publication of this Amendment 2 tute prima facie evidence of failure to extension in time for exportation ap­ in the F ederal R egister, and are with export. proved in writing by the Vice President regard to any contract resulting from 4. Section 481.108(c) is amended byCCC, whichever date js the later, shali CCC’s acceptance of an exporter’s offer deleting the two parenthetical state- be deemed not to have been made at all. to purchase rough rice with certificates, In addition to the foregoing, an exporter which is confirmed by a Confirmation of may be denied the right to continue 1 United States Government agency means participating in this program for his Sale specifying a date of sale which is any corporation wholly owned by the Federal on and after such date of publication, Government and any department bureau, ad­ failure to export in accordance with the further amended as follows: ministration or other unit of the Federal provisions of his contact with CCC. Government as, for example, the Depart­ § 481.116 [Amendment! § 481.105 [Amendment! ments of the Army, Navy and Air Force, the 1. Section 481.105(a) is amended by International Cooperation Administration, 5. Section 481.116(a) (4) is amended by the Army and Air Force Exchange Service, deleting the second sentence. changing the period to export rice from and the Panama Canal Company. Sales of 180 to 90 days, so that the amended sub­ rice to foreign buyers, including foreign gov­ § 481.120 [Amendment! section shall read as follows: ernments and not for transfer by such buyer to U.S. Government agency though financed 6. Section 481.120 is amended by (a) Persons desiring to participate inwith funds made available by a U.S. agency, changing the reference to the Feed this program shall submit offers as pro­ such as the International Cooperation' Ad­ Grain Export Program in the first sen­ vided in § 481.106 to export rice (milled, ministration or the Export-Import Bank, are tence, so that the sentence reads as or brown, or both) during a period of 90 not sales to a U.S. Government agency. follows: “The certificate will be redeem- 7808 RULES AND REGULATIONS able In rough rice which CCC makes § 481.130 [Amendment] § 909.309 Budget of expenses of the available from its stocks for sale under 8. Section 481.130(b) is amended by Almond Control Board and rate of •this subpart at the domestic market assessment for the 1959—60 crop deleting the parenthetical statement in year. price, as determined by CCC, or in feed the first sentence, so that the sentence grains pursuant to the terms and condi­ shall read: ‘‘The total amount of any (a) Budget of expenses. The budget tions of Revision I of the Peed Grain upward adjustment in sales price aris­ of expenses of the Almond Control Board E x p o r t Program—Payment-In-Kind. ing under this section shall be paid in for the crop year beginning July 1,1959, (GR-368) (24 P.R. 7092) and any sub­ cash by the purchaser to CCC promptly shall be in the total amount of $47,700, sequent amendments thereto.” upon demand.” such amount being reasonable and likely § 481.125 [Amendment] (Secs. 481.101 to 481.156 issued under sec. 5, to be incurred for maintenance and 62 Stat. 1072; 15 U.S.C. 7146. Interpret or functioning of the Board, and for such Section 481.125 is amended by deleting apply sec. 407, 63 Stat. 1055, as amended; purposes as the Secretary may, pursuant paragraph (c) in its entirety, and re­ sec. 201(a), 70 Stat. 198; 7 U.S.C. 1427, 1581) to the provisions of this part, determine designating the present paragraphs (d) to be appropriate. and (e) as (c) and (d), respectively, so Issued this 23d day of September (b) Rate of assessment. The rate of that the complete section will read as 1959. V assessment for the said crop year, pay­ follows: W alter C. B erger, able by each handler to the Almond Executive Vice President, Control Board on demand, shall be nine § 481.125 Payment terms and financial Commodity Credit Corporation. arrangements. hundredths of a cent (0.09^) per pound [F.R. Doc 59-8105; Filed, Sept. 28, 1959; of almonds, kernel weight basis, received (a) The amount due CCC for rough 8:49 a.m.j by each-handler for his own account, rice purchased hereunder shall be paid except almonds received from other han­ by the purchaser by surrender to CCC dlers on which assessments have been of properly endorsed certifipate(s). If paid. certificates having a value in excess of It is hereby further found that good the purchase price are surrendered by Chapter IX— Agricultural Marketing the purchaser to CCC, the certificates cause exists for not postponing the effec­ having the earliest dates of export shall Service (Marketing Agreements and tive date of this order later than the date be applied first to the purchase and any Orders), Department of Agriculture of its publication in the F ederal R egister certificates not applied shall be returned SUBCHAPTER A— MARKETING ORDERS for the reasons that: (11 The action ap­ to the purchaser. If the value of certif­ plies, in accordance with the amended icates applied to the purchase exceeds PART 909— ALMONDS GROWN IN marketing agreement and order, to all the purchase price, such excess will be CALIFORNIA almonds received by handlers for their adjusted by issuance and delivery to the own accounts during the crop year which purchaser of a rice balance certificate^ Budget of Expenses of Almond Con- began on July 1, 1959, and such receipts which may be used on a subsequent pur­ trol Board and Rate of Assessment have already begun; (2) although the chase from ^CCC. The date of export for 1959—60 Crop Year regulatory program authorizes the Al­ shown on the balance certificate will be mond Control Board to use excess assess­ the date shown on the original certificate, Notice was published in the F ederal ments of the prior year during the early R egister on September 2, 1959 (24 F.R. or if more than one certificate is applied months of a crop year, such funds as are 7107) that there was under consideration on hand are not sufficient to meet cur­ to the purchase, the date of export shown a proposal regarding expenses of the on the balance certificate will be the rent expenses; (3) the authorization of latest date of export shown on a certifi­ Almond Control Board and rate of as­ expenses and fixing of the rate of assess­ cate applied to the purchase. The face sessment for the 1959-60 crop year which ment should be effected as soon as pos­ began July 1, 1959. The proposal was sible to enable the Almond Control Board value of the balance certificate will be based on the recommendation of the determined by deducting from the face to collect such assessments in order to Almond Control Board and other avail­ perform its functions in accordance with value of certificates surrendered to CCC able information, in accordance with the the purchase price of the rough rice and the requirements of said amended mar­ any discount applicable to the portion of applicable provisions of Marketing keting agreement and order; (4) prior the certificates being applied sto the pur­ Agreement No. 119, as amended, and notice of the proposed action was given chase as provided in § 481.121. Order No. 9, as amended (7 CFR Part handlers and other interested parties; (b) Financial arrangements covering 909), regulating the handling of almonds and (5) compliance herewith will not re­ the purchase price specified in the Con­ grown in California. Said amended quire any special or advance preparation agreement and order are effective under on the part of handlers. firmation of Sale of any rough rice pur­ the provisions of the Agricultural Mar­ chased from CCC hereunder shall be keting Agreement Act of 1937, as amend­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. made prior to delivery of the rough rice ed (secs. 1-19, 48 Stat. 31, as amended; 601-674) by CCC by surrender to the appropriate Dated: September 24, 1959, to become CSS Commodity Office of certificate(s) 7 U.S.C. 601-674). effective upon publication in the F ederal sufficient to pay for the rough rice. The notice afforded interested persons opportunity to file data, views, or argu­ R egister. (c) The financial arrangements pro­ ments pertaining thereto with the De­ S. R. S mith, \ vided in paragraph (b) of this section partment for consideration prior to es­ shall be made: Director, tablishment of a budget of expenses and Fruit and Vegetable Division. (1) Prior to delivery of the rough rice assessment rate. The prescribed time by CCC on purchases which provide for has expired and no such communication [F.R. Doc. 59-8117; Filed, Sept. 28, 1959; delivery within 5 days following the date 8:51 a.m.} of the sale, and has been received. (2) On all other purchases, not less After consideration of all relevant than 5 days prior to delivery of the rough matters, it is hereby found that expenses of the Almond Control Board in the to­ [Lemon Reg. 810, Arndt. 1] rice by CCC, unless CCC consents in tal amount of $47,700 are reasonable and writing to a different period. likely to be incurred by the Board during PART 953— LEMONS GROWN IN (d) If the purchaser fails to make a CALIFORNIA AND ARIZONA financial arrangement acceptable to CCC the 1959-60 crop year, and a rate of as­ sessment of .09 cent per pound of almond Limitation of Handling in accordance with paragraph (c) of this kernels is necessary to provide~funds to section, CCC shall have the right to deem meet authorized Board expenses. ' Findings. 1. Pursuant to the market­ the purchaser in default and may avail Therefore, it is ordered, That the ing agreement, as amended, and Order itself of any remedy available to an un­ budget of expenses of the Almond Con­ No. 53, as amended (7 CFR Part 953), paid seller. The purchaser shall be liable trol Board and rate of assessment for the regulating the handling of lemons grown to CCC for any loss or damages resulting crop year beginning July 1, 1959, be as in California and Arizona, effective under from such default. follows ; the applicable provisions of the Agr^ul- Tuesday, September 29, 1959 FEDERAL REGISTER 7809 tural Marketing Agreement Act of 1937, It is hereby found that it Is imprac­ covered by Order No. 70 (Part 970 of this as amended (7 U.S.C. 601 et seq.; 68 ticable and contrary to the public inter­ chapter) ; Stat. 906, 1047), and upon the basis of est to postpone thë effective date of this (ii) Imports of long type potatoes dur­ the recommendation and information regulation beyond that herein specified ing each month and imports of round submitted by the Lemon Administrative (5 U.S.C. 100Í-1011) in that Cl) the re­ type potatoes during the months of July Committee, established under the said quirements established by the import through September are in most direct amended marketing agreement and or­ regulation are issued pursuant to said competition with potatoes of the same der, and upon other available informa­ section 8e which makes such regulation type produced in the area covered by tion, it is hereby found that the mandatory; (2) grade, size, quality and Order No. 57. limitation of handling of such lemons as maturity requirements are now in effect (b) Grade, size, quality, and maturity hereinafter provided will tend to effec­ on shipments of domestic potatoes; (3) requirements. On and after October 1, tuate the declared policy of the act. notice that this action Was being consid­ 1959, the importation of Irish potatoes, 2. It is hereby further found that it ered to become effective October 1, 1959, except certified seed potatoes, shall be is impracticable and contrary to the was published in the F ederal R egister prohibited unless they Comply with the public interest to give preliminary notice, September 10, 1959 (24 F.R. 7279) ; (4) following requirements: engage in public rule-making procedure, compliance with this potato import reg­ (1) For the period July T through and postpone the effective date of this ulation will not require any special prep­ September 30 of each marketing yéar, amendment until 30 days after publica­ aration by importers which cannot be the grade, size, quality, and maturity re­ tion hereof in the F ederal R egister (60 completed by the effective date; (5) no-' quirements of Marketing Order No. 57 Stat. 237; 5 U.S.C. 1001 et seq.) because' tice hereof in excess of three days, the (Part 957 of this chapter) applicable to the time intervening between the date minimum that is prescribed by said sec- • potatoes of the long or round types shall when information upon which \this tion 8e, is given with respect to this po­ be the respective grade, size, quality and amendment is based became available tato import regulation; (¡6) such notice maturity requirements for imported po­ and the time when this amendment must is hereby determined, under the circum­ tatoes of the long or round types. become effective in order to effectuate stances to be reasonable. (2) For the period October 1 through the declared policy of the Agricultural §§ 1066.2—1066.6 [Terminated] June 30 of each marketing year, the Marketing Agreement Act of 1937, as grade, size, quality and maturity require­ amended, is insufficient, and this amend­ Sections 1066.2 through 1066.6 are ments of Marketing Order No. 57 (Part ment relieves restriction on the handling hereby terminated and, in lieu thereof, 957 of this chapter) applicable to long of lemons, grown in California and the following general regulations ap­ type potatoes and the grade, size, quality Arizona. plicable to imports of Irish potatoes pur­ and maturity requirements of Marketing Order, as amended. The provisions suant to section 608e of the Agricultural Order No. 70 (Part 970 of this chapter) in paragraph (b)(1) (ii) of § 953.917 Marketing Agreement Act, as amended applicable to round type potatoes, shall (Lemon Regulation 810, 24 F.R. 7439) (7 U.S.C. 601-674), shall be effective. be the respective grade, size, quality, and are hereby amended to read as follows; § 1066.1 Import regulations. • maturity requirements for imported (ii) District 2: 334,800 cartons. • potatoes of the long or round types. (a) Findings and determinations with (i) The grade, size, quality and ma­ (Secs. 1-19, 48 Stat. 31, as amended; 7 respect to imports of Irish potatoes. (1) U.S.C. 601-674) turity requirements in efféct as of Octo­ Pursuant to section 8e of the Agricultural ber 1, 1959 under Marketing Order No. Dated; September 24, 1959. Marketing Agreement Act of 1937, as 57 and Marketing Order No. 70 are con­ amended (7 U.S.C. 601-674), it is hereby tained in § 957.318 of this chapter, as S. R. S mith, found that: Director, Fruit and Vegetable amended (24 F.R. 5413, 6184, 7353), and (1) Grade, size, quality, and maturity § 970.306 of this chapter (24 F.R. 7569), Division, Agricultural Mar­ regulations have been issued from time keting Service. respectively. to time pursuant to the following mar­ (3) The grade, size, quality and ma­ [F.R. Doc. 59-8114; Filed, Sept. 28, 1959; keting orders: No. 38 (Part 938 of this turity requirements specified in this 8:51 a.m.] chapter), No. 57 (Part 957 of this chap­ paragraph shall apply to imports of ter), No. 58 (Part 958 of this chapter), potatoes, unless otherwise ordered, on No. 59 (Part 959 of this chapter), No. 70 and after the effective date of the appli­ (Part 970 of this chapter), and No. 92 cable domestic regulation or ariiendment (Part 992 of this chapter) ; SUBCHAPTER B— PROHIBITIONS OF IMPORTED thereto, specified in this paragraph or COMMODITIES , (ii) During the past several years three days following publication of such gradej size, quality arid maturity regula­ regulation or amendment in the F ederal PART 1066— IRISH POTATOES tions nave been in effect pursuant to two R egister, whichever is later. or more of such orders during each (c) Minimum quantities. Any im­ Imports month of the year ; portation which in the aggregate, does (iii) The marketing of Irish potatoes Notice of rule making regarding pro­ not exceed 500 pounds may be imported can be reasonably distinguished by two without regard to the provisions of this posed restrictions on importation of Irish section. potatoes into the United States, to be seasonal categories, namely, first, fall or made effective under section 8e of the winter potatoes usually marketed dur­ (d) Plant quarantine. No provisions Agricultural Marketing Agreement Act ing the months of October through the of this section shall supersede the re­ following June, with the great bulk of strictions or prohibitions of potatoes of 1937, as amended (7 U.S.C. 601-674), under the Plant Quarantine Act of 1912. was published in the F ederal R egister such marketings being out of storage, September 10,1959 (24 F.R. 7279). This and, second, potatoes marketed during (e) Certified seed. Certified seed po­ tatoes shall include only those potatoes notice afforded interested persons an op­ July through September, with the great which are officially certified and tagged portunity to submit data, views, or argu­ bulk of such marketings being made as as seed potatoes by the Plant Protection ments pertaining thereto not later than the potatoes are harvested; Division, Research Branch, Canada De­ 10 days following publication in the Fed­ (iv) Concurrent grade, size, quality, partment of Agriculture. eral R egister. The Canadian Depart­ and maturity regulations under two or (f) Designation of governmental in­ ment of Agriculture filed a notice of more of the aforesaid marketing orders spection service. Fruit and Vegetable reorganization and change in design a. - are expected in the ensuing and future Division, Production and Marketing tion. No other data, views, or arguments seasons, as in the past* Branch, Canada Department of Agricul­ were filed. After consideration of all (2) Therefore it is hereby determined ture, is hereby designated, pursuant to matters presented including the pro­ that: § 1060.4(a) of this chapter, as a govern­ posals set forth in the aforesaid notice, it (i) Imports of round type potatoesmental inspection service for the purpose is hereby found that restrictions on the of certifying the grade, size, quality and during the months of October through maturity of Irish potatoes that are im­ importation of Irish potatoes into the the following June are in most direct ported, or to be imported, from Canada United States, as hereinafter provided, competition with marketing of the same into the United States under the pro­ are in accordance with said section 8e. type potatoes produced in the area visions of section 8e of the Act. 7810 RULES AND REGULATIONS (g) Inspection and official inspection (a) “Act” means the Federal Airport certificates. (1) Inspection by the Fed­ Title 14— AERONAUTICS AND Act as amended (60 Stat. 170) (49 U.S.C. eral or Federal-State Inspection Service, 1101). by the Fruit and Vegetable Division, SPACE (b) “Administrator” means the Ad­ Production and Marketing Branch, Can­ ministrator of the Federal Aviation ada Department of Agriculture, or by Chapter III— Federal Aviation Agency Agency. (c) “Airport” means any area of land such other governmental inspection serv­ SUBCHAPTER D— AIRPORT REGULATIONS ice as may be designated, or approved, by or water which is used, or intended for the administrator with appropriate evi­ [Reg. Docket No. 130; Admt. 30] use, for the landing and take-off of air­ dence thereof in the form of an official craft, and any appurtenant areas which inspection certificate issued by the re­ PART 550— FEDERAL AID TO PUBLIC are used, or intended for use, for airport spective service and applicable to a par­ AGENCIES FOR DEVELOPMENT OF buildings or other airport facilities or ticular shipment of potatoes, is^required PUBLIC AIRPORTS rights-of-way, together with all airport on all imports of potatoes, other than buildings and facilities located thereon. certified seed, pursuant to § 1060.3 of this Miscellaneous Amendments (d) “Airport development” means (1) chapter. any work involved in constructing, im­ This amendment involves a revision proving, or repairing a public airport or (2) Inspection certificates shall cover of Subpart A of Part 550, which contains only the quantity of potatoes that is, portion thereof, including the construc­ the substantive regulations concerning tion, alteration, and repair of airport being imported at a particular port of the Federal-aid Airport Program, and entry by particular importers. buildings or parts thereof intended to certain amendments to Subpart B there­ house (i) airport weather reporting and (3) The inspections performed, and of, which embodies the general policies certificates issued, by the Federal or air traffic control facilities, (ii) firefight­ of the Agency governing the administra­ ing and crash equipment relating to Federal-State Inspection Service shall tion of that program. The instant re­ be in accordance with the rules and reg­ safety of aircraft operations, and (iii) vision of Subpart A is adopted for the public waiting areas, ticket lobby (ex­ ulations of the Department governing dual purpose of combining, in a single the inspection and certification of fresh cluding airline space), rest rooms, bag­ document, all the numerous outstanding gage claim areas, and public circulatory fruits, vegetables, and other products amendments to the subpart which have (Part 51 of this title) . Cost of inspec­ space; (2) the removal, lowering, reloca­ been previously published in the Federal tion, and marking and lighting of airport tion and certification shall be borne by R egister and also of reflecting therein the applicant therefor. hazards; and (3) any acquisition of land the changes necessitated by the enact­ or of any interest therein, or of any ease­ (4) Each inspection certificate issued ment of the Federal Aviation Act of 1958, with respect to any Irish potatoes to be ment through or other interest in air the June 29, 1959 amendment to the space, which is necessary to permit any imported into the United States shall Federal Airport Act (P.L. 86-72, 73 Stat. set forth, among other things: such work or to remove or mitigate, or 155) and various prior delegations of au­ prevent or limit the establishment of, (1) The date and place of inspection; thority to the Regional Administrators (ii) The name of the shipper, or ap­ airport hazards; but such term does not affecting the program. In addition, the include the construction, alteration, or plicant; amendment also makes a number of (iii) The name of the importer (con­ repair of airport hangars; the construc­ minor editorial changes. Finally, this tion, alteration'; or repair of maintenance signee) ; amendment incorporates in Subpart B (iv) The commodity inspected; - buildings, cargo buildings, or other three new sections which respectively buildings or parts thereof intended for (v) The quantity of the commodity establish general policies for the admin­ covered by the Certificate; use as bars, cocktail lounges, night clubs, istration of the Federal-aid Airport Pro­ theaters, private clubs, garages, hotel (vi) The principal identifying marks gram, programming standards therefor of the containers; rooms, commercial offices, game rooms, and procedures for the development of or any other use which, in the opinion of (vii) The railroad car initials and an annual airport program. number, the truck and trailer number, the Administrator is not essential for the Since this amendment relates to pub­ safety, convenience, or comfort of per­ the name of the vessel, or other identifi­ lic grants, benefits and contracts, com­ cation of the shipment; and sons using the airport for public aviation pliance with the notice, procedures and purposes; or the construction, alteration, (viii) The following statement if the effective date provisions of section 4 of facts warrant: Meets U.S. Import re­ or repair of passenger automobile park­ the Administrative Procedure Act is not ing facilities, or the acquisition of land quirements under section 8e of the Agri­ required. cultural Marketing Agreement Act of intended for use as a passenger automo­ Acting pursuant to authority vested in bile parking facility. 1937. me by the Federal Airport Act (60 Stat. (h) Definitions. (1) For purposes of (e) “Airport facility” means a struc­ 170), as amended, I hereby amend the ture, runway or other item on or at an this part potatoes meeting the require­ Regulations of'the Administrator (14 airport which is used, or intended for ments of Canada No. 1 grade and' Can­ CFR Part 550) as follows: use, in connection with the landing or ada No. 2 grade shall be deemed to com­ 1. By deleting Subpart A and substi­ take-off or maneuvering of aircraft, or ply with the requirements of the U.S. tuting iQ lieu thereof the following re­ for or iii connection with the operation No. 1 grade and U.S. No. 2 grade, respec­ vised Subpart A: and maintenance of the airport itself, or tively, ahd the tolerances for size, as set Subpart A— Regulations is required to be located at the airport forth in the United States Standards for Sec. for use by the users of the aeronautical Potatoes (§§ 51.1540 to 51.1556, inclusive, 550.1 Definitions. facilities of the airport or by airport of this title), may be used. 550.2 Sponsor eligibility. operators, concessionaires and other (2) All other terms shall have the 550.3 Project eligibility. users of the airport in connection with same meaning as when used in the Gen­ 550.4 Project costs. their provision of services or commodi­ 550.5 Procedure. ties to the users of the aeronautical eral Regulations (Part 1060 of this chap­ 550.6 Cosponsorship and .agency. ter) applicable to the importation of 550.7 Performance of construction work. facilities of the airport. listed commodities. 550.8 Accounting and audit. (f) “Airport hazard” means any 550.9 Grant payments. structure or object of natural growth (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 550.10 Memoranda and hearings. located on or in the vicinity of a public 601-674) 550.11 Forms. airport, or any use of land near such Dated: September 23, 1959, to become Authority: §§ 550.1 to 550.11 issued under airport, which obstructs the air space effective October 1, 1959. secs. 1-15, 60 Stat. 170-178, as amended; 49 required for the flight of aircraft in U.S.C. 1101-1114. 1 landing or taking off at such airport or is S. R. S mith* otherwise hazardous to such landing or Director, § 550.1 Definitions. taking off of aircraft. Fruit and Vegetable Division. Unless the context otherwise requires, (g) “District Airport Engineer” means [F.R. Doc. 59-8116; Filed, Sept." 28, 1959; the following terms shall have the mean­ the director of a district office of the Air­ 8:51 a.m.] ing indicated: ports Division of an FAA Regional Office. Tuesday, September 29, 1959 FEDERAL REGISTER 7811

(h) “FAA” means the Federal Avia­ ministrator an application for a grant plant-mixed material per square yard, tion Agency. of funds for airport development. (ii) the application of a bituminous sur­ (i) “Joint project” means any project (s) “United States share” means that face treatment (application of bitumi­ sponsored by two or more sponsors. portion of the project costs of an ap­ nous material and cover aggregate per (j) “Master Plan Layout” means the proved project which is to be paid from FAa Specification P-609) on a pavement, basic layout plan for an airport showing: appropriations made under authority of the existing, surface of which consists (1). The boundaries of the airport and the Act. of such a bituminous surface treatment, of all proposed additions thereto, to­ (t) “State” means a State of the and (iii) the resealing of a runway that gether with the boundaries of all offsite United States on May 13, 1946, or the has been substantially extended or par­ areas owned or controlled by the sponsor District of Columbia. tially reconstructed, where such reseal­ for airport purposes, and proposed addi­ § 550.2 Sponsor eligibility. ing is necessary to achieve uniform color tions thereto; (2) the location and na­ and appearance of the entire runway. ture of all existing and proposed airport To be eligible to submit a Project Ap­ (6) Fencing, erosion control, seeding facilities and structures (such as run­ plication under the regulations in this and sodding of an airport or airport site. ways, taxiways, aprons, terminal build­ part, a sponsor must meet the following (7) Installation, alteration and repair ings, hangars, and roads), including all requirements: of airport markers , and airport lighting proposed extensions and reductions of (a) A sponsor must be a public agency facilities and equipment, exclusive of au­ existing airport facilities and structures; and may not be the United States or any tomobile parking facility and road or and (3) the location of all existing and agency thereof unless the project is street lighting. proposed nonaviation areas and of all located in Alaska, Hawaii, Puerto Rico, (8) Construction, alteration, and re­ existing improvements thereon. Such the Virgin Islands, or in, or in close pair of entrance roads and airport service Master Plan Layout, and each amend­ proximity to, a national park, national roads. ment, revision, or modification thereof, recreation area, or national monument, (9) Construction, installation and shall be subject to the approval of the or in a national forest; connection of utilities either on or off Regional Administrator, which approval (b) A sponsor (or the sponsors of a an airport or airport site. shall be evidenced by the signature of joint project, between them) must be (10) Removal, lowering, relocating, the Regional Administrator or his au­ legally, financially, and otherwise able marking and lighting of airport hazards. thorized representative on the face of (1) to make all certifications, representa­ (11) Clearing, grading, and filling to the Master Plan Layout. tions, and warranties contained in the permit the installation of landing aids. (k) “National Airport Plan” means a Project Application Form, Form FAA- (12) Relocation of structures, roads plan for the development of public air­ 1624 (see § 550.11(b)); (2) to make, and utilities necessary to permit airport ports in the United States, Alaska, keep and perform all assurances, agree­ development. Hawaii, Puerto Rico, and the Virgin Is­ ments, and covenants contained in said (13) The acquisition of land, other lands, prepared and revised annually by form; and (3) to meet all other appli­ than land intended for use as a passen­ the Administrator. cable requirements of the Act and of the ger automobile parking facility, or of (l) “Program” means a program pre­ regulations of this part. any interest therein, or of any easement pared by the Administrator listing pro-" (c) A sponsor (or the sponsors of a through or other interest or right in or posed projects to be undertaken within joint project, between them) must have for the use of air space, when such ac­ the limits of currently available obliga­ or be in a position to obtain sufficient quisition is necessary; tion authorizations and/or appropria­ funds to meet the requirements of (i) To permit the accomplishment of tions. § 550.5(c) (1), and must have or be in a other airport development, whether or (m) “Project” means a project for the position to acquire property interests not such development is to be accom­ accomplishment of airport development meeting the requirements of § 550.5(c) plished as part of the Federal-aid Air­ with respect to a particular airport as ( 2 ) . port Program; or set forth in a Grant Agreement or Pro­ § 550.3 Project eligibility. (ii) To prevent or limit the establish­ ject Application submitted in accordance ment of airport hazards; or with the regulations in this part. (a) Minimum requirements. No proj­ (iii) To permit the removal, lowering, (n) “Project costs” means any costs ect will be approved for the accomplish­ relocation, or marking and lighting, of involved in accomplishing a project, in­ ment of any construction work or acqui­ existing airport hazards; or cluding those of making field surveys, sition of land unless (1) it is an item of (iv) To permit the ifistallation of preparation of plans and specifications, “airport development” as defined in landing aids; or accomplishment of or procurement of § 550.1(d); (2) such airport development (v) To permit the proper use, opera­ the accomplishment of such work, is within the scope of the latest revision tion, management, and maintenance of supervision and inspection of construc­ of the National Airport Plan, and (3) the airport as a public facility. tion work, and acquisition of land or such airport development, in the opinion interests therein or easements through of the Regional Administrator, is reason­ The term “acquisition of land” as used or other interests in air space, and also ably necessary to provide a needed civil in this subparagraph may include acqui­ including administrative and other inci­ airport facility. sition of lands already developed as a dental costs incurred specifically in con­ (b) Eligible types of airport develop­ privately owned airport and of all struc­ nection with the accomplishinent of a ment. Only the following types of air­ tures, fixtures, and improvements there­ project, and which would not have been port development will be considered eli­ on constituting a part of the realty, incurred otherwise. gible for inclusion in a project: - other than hangars and other ineligible structures and parts thereof, fixtures, (o) “Public agency” means the United (1) Preparation of an airport site or and improvements. States Government * or an agency portion thereof, including clearing, grub­ (14) Such other airport development thereof; a State, Alaska, Hawaii, or bing, filling and grading. as may be specifically approved by the Puerto Rico, and the Virgin Islands, or (2) Dredging of seaplane anchorages Regional Administrator. an agency of any of them; a municipal­ and channels. ity or other political subdivision; or a (3) Drainage work either on or off an § 550.4 Projects costs. tax-supported organization. airport or airport site. (a) Eligibility. All project costs, as (p) “Public airport” means any air­ defined herein, including the value of port which is Used or to be used for (4) Construction, alteration and repair of airport buildings or parts thereof con­ land, labor, materials and equipment public purposes/ under the control of a donated, contributed or loaned to the public agency, the landing area of which stituting airport development as defined in § 550.1(d). sponsor and appropriated to the project is publicly owned. by the sponsor, shall be eligible for con­

(2) That portion of the cost of ac­ such project. Such United States share tion pursuant to paragraph (c) of this quiring a privately owned existing air­ will be determined as provided in the fol­ section or to proceed with the project port which represents the cost of lowing subparagraphs. with due diligence. acquiring passenger automobile parking (1) Project costs other than costs of (c) Project Application. As soon as facilities, buildings which are to be used installation of high intensity lighting on practicable after receipt of notice of ten­ as hangers or living quarters or for non­ runways designated instrument landing tative allocation for a proposed project, airport purposes at such airport, and runways. The United States share of a sponsor shall prepare a Project Appli­ those buildings or parts of buildings the the project costs (other than costs of in­ cation on Form FAA-1624 (See § 550.11 construction of which does not constitute stallation of high intensity lighting on (b)) and submit such Application to the airport development as defined in runways designated instrument landing District Airport Engineer. A Project Ap­ § 550.1(d). runways) of an approved project for the plication shall be executed by the sponsor (3) The costs of materials and sup­ development of an airport, regardless of without change in the language of the plies owned by the sponsor or furnished the size or location of the airport to be form unless prior approval for deviation from a source of supply owned by the developed, shall be 50 percent of the therefrom has been obtained from the sponsor where (i) such materials and allowable project costs of the project Administrator: Provided, That in the supplies were used for airport develop­ (other than costs of installation of high case of a joint project, each sponsor ment prior to the execution of the Grant intensity lighting on runways designated may execute only those provisions of the Agreement or (ii) such costs are not instrument landing runways) ^ except Project Application which are applicable supported by proper evidence of quantity that this share, (i) in the case of any to the particular sponsor. At the dis­ • and value. State containing unappropriated and un­ cretion of the Regional Administrator a (4) The cost of nonexpendable ma­ reserved public lands and nontaxable sponsor which has executed a Grant chinery, tools or equipment owned by a Indian lands (individual and tribal) ex­ Agreement for a project for development sponsor and used in accomplishing work ceeding 5 percent of the total area of all of an airport under the Program will be under a project by sponsor’s force ac­ lanctk therein shall be increased as pro­ permitted to submit additional project count, except to the extent of the fair vided in section 10(b) of the Act; (ii) in applications for further development of rental value of such machinery, tools or the case of the Virgin Islands, the United such airport on Form FAA-1624.1 (see equipment for the period used on the States share shall be 75 percent; and § 550.11(c)). project. (iii) in the case of Alaska, the United (1) Funds. Each project Application (5) The costs of general area, urban, States share shall be 75 percent with submitted by a sponsor which is to fur­ or statewide planning of airports, as dis­ respect to funds made -available under nish all or any portion of the project tinguished from the planning of a section 5(b) of the Act and 62 V2 percent funds not to be furnished by the United specific project. with respect to funds made available States, shall state that such sponsor has (6) The value of any land, including from the discretionary fund established on hand, or show that it is in a position improvements thereon or thereto, do­ by section 6(b) of the Act. There is set to obtain as and when needed, funds nated to the sponsor by another public forth below a table of the current United sufficient to pay all estimated costs of agency. . States percentage share of allowable the proposed project which are not to be (7) Any costs incurred in connection project costs in States containing unap­ borne by the United States or by another with the raising of funds by a sponsor, propriated and unreserved public lands sponsor: Provided, That if any of such including interest and premium charges and nontaxable Indian lands: funds are to be furnished to a sponsor, and administrative expenses involved in A rizona_____ 60.93 or used to pay project costs on,behalf conducting bond elections and in the California___ 54.00 of a sponsor by a State agency or any sale of bonds. Colorado____ 53.31 other public agency which is not itself (b) Allowability. In order to be an al­ Id ah o__.-__ 55.62 to be a sponsor of the proposed project, lowable project cost, for the^purpose of M ontana____ 53.13 evidence satisfactory to the Regional computing the amount of a grant, each Nevada _____ 62.50n Administrator that such funds will be item of project costs paid or incurred New Mexico 56. 34 so provided if the proposed project is Oregon ____ 55. 84 approved may be submitted by the public must, in the opinion of the Regional Ad­ South Dakota 52.66 ministrator, meet the following condi­ U tah ______62.25 agency which is to provide the funds tions: Washington 51.65 rather than by the sponsor. If any por­ (1) It must have been a necessary cost Wyoming ___ 57.19 tion of the estimated project costs con­ incurred in accomplishing airport de­ sists of the value of donated land, labor, velopment in conformity with the ap­ (2) High intensity lighting costs. Thematerials or equipment, the. project ap­ proved plans and specifications for an United States share of the project costs plication shall so state, indicating the approved project and with the terms and of an approved project which represent nature of each such donation and the conditions of the Grant Agreement en­ costs of installation of high intensity value attributed to each. tered into in connection with such lighting oh runways designated^ instru­ (2) Lands. Each Project Application project. ment landing runways by the Regional submitted by a sponsor shall state all of (2) It must be reasonable in amount Administrator shall be 75 percentuf the the property interests which the sponsor (if not reasonable in amount, it shall be allowable costs of such installation re­ then holds in all lands to be developed or subject to partial disallowance in ac­ gardless of the size or location of the used as part of or in connection with the cordance with section 13 (3) of the airport to be developed. airport as it will be upon completion of Act). § 550.5 Procedure. the proposed project, In addition, each (3) It must have been incurred subse­ Project Application shall contain a cov­ (a) Request for Federal aid. An eli­enant on the part of the sponsor to ac­ quent to the date of execution of the gible sponsor desiring to obtain Federal Grant Agreement, except that costs of quire prior to the start of any construc­ aid for the accomplishment of eligible tion work under the project, or if the land acquisition, field surveys, planning, airport development shall supmit to the and the preparation of plans and speci­ lands in question are not needed for such District Airport Engineer of the District construction, within a reasonable time, fications, and administrative and indk. in which the sponsor is located, "a Re­ dental costs, may be allowable though property interests satisfactory to the Ad-^ quest for Federal aid on Form FAA-16S3. ministrator in all of the lands in which* incurred prior to the execution of such (See § 550.11(a)) Grant Agreement: Provided, That no it does not hold such property interests item of project cost shall be allowable if (b> Tentative allocation of funds. If a at the time its Project Application is sub­ proposed project is selected by the Ad­ mitted: Provided, That in the case of a incurred prior to May 13,1946. ministrator for inclusion in a Program, (4) It must be supported by evidence joint project, the necessary property in­ the Administrator will make a tentative terests may be held or acquired by any satisfactory to the Regional Adminis­ allocation of funds for such project and trator. the Regional Administrator will transmit one or combination of the sponsors, in (c) United States share of project a notice of such allocation to the sponsor. which event, the Project Application of costs. The United States share of the Such tentative allocation will be subject each individual sponsor may show only allowable project costs of a project will to withdrawal upon failure of the sponsor those property interests which that par­ be stated in the Grant Agreement for to submit an acceptable Project Applica­ ticular sponsor holds or is to acquire. Tuesday, September 29, 1959 FEDERAL REGISTER 7813

Each Project Application shall be accom­ sponsor has submitted (i) a Master Plan in accordance with paragraph (f) of this panied by a property map designated as Layout meeting the approval of the Re­ section shall constitute a Grant Agree­ “Exhibit A,” or shall incorporate by ref­ gional Administrator and (ii) prelimi- ment between the sponsor or sponsors erence an “Exhibit A” from a previous _ nary plans and specifications prepared in and the United States. Unless and until Project Application having the approval sufficient detail to identify all items of such a Grant Agreement has been exe­ of the Regional Administrator, which airport development included in the cuted with respect to a project in accord­ shall clearly identify and show all lands project. The plans and specifications ance with the requirements of the regu­ described above, designating all prior shall be so prepared as to provide for the lations in this part, the United States and proposed acquisitions of property in­ accomplishment of the proposed project Shall not pay or be obligated to pay any terests in any of such lands for which in accordance with the Master Plan portion of the project costs which have Federal aid is requested under the pro­ Layout, the regulations of this part, and been or may be incurred in carrying out posed project. As used herein, the term all applicable local laws, ordinances and the project. “lands” includes among other areas, regulations. (h) Amendment of Grant Agreement. landing areas, building areas, runway (5) Appraisals. Each Project Applica­When mutually agreed upon between the clear zones, clearways and approach tion proposing that the project to which Regional Administrator and the sponsor zones, and areas required for “off-site” it relates include the acquisition of land ©^sponsors of a project, a Grant Agree­ construction, entrance roads, drainage, by donation or the acquisition of any ment may be amended after execution protection of approaches, installation of land or interest in land, the cost of thereof if: air navigation facilities, or other airport which, as represented by the Sponsor, (1) The amendment will not increase purposes. is based on other than either the actual the maximum obligation of the United (2) Property interests. In general purchase price or the amount of the States under such Grant Agreement by the property interest which a sponsor or award in eminent domain proceedings more than ten per centum (10%), sponsors must have or agree to acquire shall be accompanied by at least two in­ (2) The amendment provides only for in all lands needed for landing area or dependent appraisals of such land or in­ airport development meeting the re­ building area purposes in order to meet terest in land, made by qualified ap­ quirements of these regulations, and the requirements of subparagraph (2) of praisers having no personal interest, (3) The amendment is not prejudicial this paragraph is either: (i) Title free present or prospective, in the land or in­ to the interests of the United States. and clear of any reversionary interest, terest appraised. lien, easement, lease or other encum­ (d) Offer. Upon approval of a project,Upon agreement for amendment, the Re­ brance which, in the opinion of the Re­ the Regional Administrator will make an gional Administrator will issue to the gional Administrator, would be of such offer to the sponsor or sponsors to pay sponsor or sponsors a supplementary a nature as to create an undue risk that the United States share of the allowable agreement incorporating the amend­ its existence might deprive the sponsor project costs of the project. Such offer ments as approved. Such agreement or sponsors of possession or control of will state a definite amount as the maxi­ shall be executed by the sponsor or such lands, interfere with their use for mum obligation of the United States. sponsors in accordance with the regula­ public airport purposes, or make It im­ Such offer shall be subject to revision, tions governing acceptance of an offer possible for the sponsor (or any sponsor amendment, modification,or withdrawal (paragraph (f) of this section). of a joint project) to carry out and per­ by the Regional Administrator at his § 550.6 Cosponsorship and agency. form any of the assurances, agreements, discretion at any time prior to accept­ and covenants contained in the Project ance thereof by the sponsor or sponsors. (a) General. In the case of any proj­ Application, or (if) a long-term lease­

(2) “The contractor shall obtain the prior "The contractor will submit weekly a cer­ Airport Engineer as soon as it has been written consent of the (insert name of spon­ tified copy of all payrolls to the (insert name reduced to writing. The provisions of sor) to any proposed assignment of any in­ of sponsor). The certification will affirm terest in or part of this contract.” that the payrolls are correct and complete, paragraphs (b) through (e) of this sec­ (3) “No convict labor shall be employed that the wage rates contained therein are tion are applicable to supplemental under this contract.” not less than the minimum rates determined agreements to the same extent as to (4) "In the employment of labor (except by the Secretary of Labor for the employees original contracts. in executive, administrative, and supervisory in question, as prescribed in this contract, (g) Force account work. Before any positions), preference shall be given to quali­ and that the classification set forth for each force account construction work is un­ fied individuals who have served in the laborer or mechanic conforms to the work dertaken, either by a sponsor or by an­ military service of the United States (as de­ he performed.. The contractor will make his other public agency acting for or as fined in ( section 101(1) of the Soldiers’ and employment records available for inspection agent of a sponsor, the sponsor shall Sailors’ Civil Relief Act-of 1940) and have by authorized representatives of the (insert been honorably discharged from such service, name of sponsor), the Federal Aviation obtain the written approval of the Re­ except that such perference shall be given Agency, and the Department of Labor and gional Administrator through the Dis­ only where such labor is available locally will permit such representatives to inter­ trict Airport Engineer. In requesting and is qualified to perform the work to view employees dining working hours on the such approval, the sponsor shall submit which the employment relates.” Job.” to the District Airport Engineer the fol­ (5) "All mechanics and laborers, employed (9) “Apprentices will be permitted to work lowing: or working upon the site of the work shall only under a bona fide apprenticeship pro­ (1) Adequate plans and specifications be paid unconditionally and not less often gram registered with a State Apprenticeship showing the nature and extent of the than once a week, and without subsequent Council which is recognized by the Federal deduction or rebate on any account (except Committee on Apprenticeship, U.S. Depart­ construction work to be accomplished such payroll deductions as are permitted by ment of Labor; or if no such recognized by such force account,* regulations issued by the Secretary of Labor Council exists in the State, under a program (2) A schedule of the proposed con­ under the Copeland Act (29 CFR Part 3 )), registered with the Bureau of Apprenticeship struction and of the construction equip­ the full amounts due at time of payment and Training, U.S. Department of Labor.” ment that will be available for the computed at wage rates not less than those (10) “The contractor will comply with the project; contained in the wage determination de­ regulations applicable to contractors and subcontractors (29 CFR Part 3, copy of which (3) Assurance that adequate labor, cision^) of the Secretary of Labor which material and equipment, together with is (are) attached hereto and made a part is attached) issued by the Secretary of Labor hereof, regardless of any contractual rela­ pursuant to the Copeland Act, as amended adequate supervisory, engineering, and tionship which may be alleged to exist be­ (48 Stat. 948; 62 Stat. 862; 63 Stat. 108; 72 inspection personnel, will be provided; tween the contractor or subcontractor and Stat. 967;'40 U.S.C. 276c), and any amend­ (4) A detailed estimate of cost of such such laborers and mechanics; and the wage ments or modifications thereof, will cause force account work, broken down for determination decision(s) shall be posted appropriate provisions to be inserted in sub­ each class of costs involved, such as labor, by the contractor at the site of the work in contracts to insure compliance therewith by materials, rental of equipment, and other a prominent place where it (they) can be all subcontractors subject thereto, and will be responsible for the submission of state­ pertinent items of cost. Whenever an easily seen by the workers.” application for grant payment involving (6 ) “Pursuant to the terms of the Grant ments required of subcontractors thereunder, Agreement between the United States and except as the Secretary of Labor may specif­ force account work is made by a sponsor (insert name of sponsor), relating to Fed­ ically provide for reasonable limitations, var­ pursuant to § 550.9 such application shall eral-aid Airport Project No------and Part iations, tolerances, and exemptions from the be accompanied by a periodic cost esti­ 550 of the regulations of the Administrator requirements thereof.” mate for such work on Form FAA-1629. of the Federal Aviation Agency (14 CFR 550), (11) “Duly authorized representatives of (See § 550.11(e).) the Federal Aviation Agency may withhold or the iW eral Aviation Agency shall be per­ (h) Owner contracts. Contracts with cause to be withheld from the (insert name mitted to inspect and review all work and all materials used in the performance of this the owners of airport hazards, buildings, of sponsor) so much of the accrued pay­ pipe lines, power lines, or other struc­ ments or advances as may be considered contract.” necessary to pay laborers and mechanics em­ (12) “The contractor will insert in each of tures or facilities, for the installation, ployed by the contractor or any subcontrac­ his subcontracts the provisions set forth in extension, modification, removal or re­ tor on the work the full amount of wages paragraphs______, location thereof, are exempt from the required by this contract. In the event of ------a n d ___ _ hereof (in­ requirements of this section except that failure to pay any laborer or mechanic em­ sert designations of eleven paragraphs of a sponsor shall obtain the approval of ployed or working on the site of the work contract corresponding to subparagraphs (I) , (3), (4), (5), (6 ), (7), (8 ), (9), (10), the Regional Administrator through the all or part of the wages required by this District Airport Engineer before entering contract, the Federal Aviation Agency may, (II) , and (13) hereof).” after written notice to the (insert name of (13) "A breach of paragraphs___ (insert into any such contract. sponsor), take such action as may be neces­ designation of paragraph of contract corre­ (i) Labor requirements. Any sponsor sary to cause the suspension of any further sponding to subparagraph (5) hereof), required by this section to include in a payment or advance of funds until such th ro u g h ___ (insert designation of para­ construction contract the labor provi­ violations have ceased.” graph of contract corresponding to sub- sions required by paragraph (d) of this (7) “Whether or not payments or advances paragraph (12) hereof) may be grounds for section shall see to it that such provi­ to the (insert name of sponsor) are with­ termination of this contract.” sions are complied with by the contrac­ held or suspended by the Federal Aviation (e) Notices to proceed. No sponsor tor and shall cooperate as fully as Agency, the (insert name of sponsor): (a) Shall permit any contractor or subcon­ possible with the Administrator and his may withhold or cause to be withheld from the contractor so much of the accrued pay­ tractor to begin work under an approved representatives in effecting such en­ ments or advances as may be considered project until (1) the sponsor has fur­ forcement. To this end, the sponsor necessary to pay laborers and mechanics em­ nished the District Airport Engineer shall, among other things : ployed by the contractor or any subcon­ three conformed copies of the construc­ (1) Maintain and preserve for a period tractor on the work the full amount of tion contract and (2) the District Air­ of three years from the date of comple­ wages required by this contract; and (b) in port Engineer has consented to the is­ tion of the contract, all affidavits and the event of failure of the contractor or any suance to the contractor of a notice , to copies of payrolls furnished by the con­ subcontractor to pay any laborer or mechanic proceed with such work. Three copies employed or working on the site of the work tractor, and make such affidavits and all or part of the wages required by this of such notice shall be furnished the Dis­ copies available to the Regional Admin­ contract may, after written notice to the trict Airport Engineer promptly after its istrator whenever he may so request dur­ contractor, take such action as may be nec­ issuance. ing such threé-year period; essary to cause the suspension of any fur­ (f) Change orders and supplemental (2) Cause all such payrolls and affi-( ther payment or advance of funds until such agreements. No sponsor shall issue any davits to be examined as soon as possible violations have ceased.” change order under any of its construc­ upon their receipt to the extent neces­ (8) “Payroll records will be maintained tion contracts or enter into any supple­ sary to determine whether the contractor! during the course of the work and preserved for a period of three years thereafter for mental agreement unless such change is complying with the labor provisions all laborers and mechanics working at the order jor supplemental agreement has of the contract required by paragraph site of the work. Such records will contain been approved by the Disrtcit Airport (d) of this section, and particularly the name and address of each such employee, Engineer. All change orders shall be in whether the employees of the contractor his correct classification, rate of pay, daily a form satisfactory to the District Air­ have been classified correctly, all such1 and weekly number of hours worked, deduc­ port Engineer. Not less than three copies examinations to be made by the spon­ tions made and actual wages paid.” of each shall be submitted to the District sor’s resident engineer or by other em-j 7816 RULES AND REGULATIONS ployees or agents of the sponsor who are amount of Federal participation in the whichever amount is the lower. In de­ qualified to make the necessary deter­ cost of the project may be determined. termining the amount of a partial grant minations; Progress audits may be made at any time payment, the Regional Administrator (3) Cause such investigations to be during the life of the project at th$ dis­ will deduct both from the amount of made during the performance of work cretion of the Regional Administrator, project costs incurred and from the under the contract as may be necessary upon due notice to the sponsor. It work amount of the estimated total project to determine whether the contractor is is suspended on the project for an appre­ costs, those project costs which he may complying with the labor provisions of ciable length of time, an audit will be deem of questionable allowability. the contract required by paragraph (d) made prior to a semifinal grant payment, (c) Semifinal grant payments. of this section, and particularly whether as provided in § 550.9(c). A final audit Whenever the accomplishment of cer­ the employees of the contractor have will be made prior to final payment, as tain airport development on a project is been classified correctly, such investiga­ provided in § 550.9(d). delayed or suspended for an appreciable tions to include interviews with employ­ § 550.9 Grant payments. length of time for reasons beyond the ees and examinations of payroll data at sponsor’s control and the allowability of the site of the work and to be made by . (a) Land acquisition payments. If an the project costs of all airport develop­ the sponsor’s resident engineer or by approved project includes land acquisi­ ment completed has been determined on other employees or agents of the spon­ tion as an item of airport development, the basis of an audit and review of all sor who are qualified to make the neces­ the sponsor may, at any time after it such costs, a semifinal grant payment sary determinations; in making such has executed the Grant Agreement and may be made in an amount sufficient to investigations, complaints of alleged vio­ after title evidence has been approved by bring the aggregate amount of all partial lations shall be given priority and state­ the Regional Administrator for such land grant payments for the project to the ments, written or oral, made by an em­ as payment is requested, make applica­ United States share of all allowable ployee shall be treated as confidential tion to the Regional Administrator, project costs incurred even though such and shall not be disclosed to his employer through the District Airport Engineer, amount may be in excess of the 90 per­ without his consent; and as provided in paragraph (e) of this sec­ cent limitations specified in paragraph (4) Keep the District Airport Engineer tion, for payment of*-the United States , (b) (2) of this section, but in no event fully advised of all examinations and in­ share of the allowable project costs of to an amount in excess of the maximum vestigations made pursuant to this para­ any such land acquisition, including any obligation of the United States as stated graph, of all determinations made on the acquisition completed prior to execution in the Grant Agreement. basis of such examinations and investi­ of the Grant Agreement which is part of (d) Final grant payments—(1) Gen­ gations, and of all efforts made to effect the airport development included in the eral. At such time as a project has been or enforce compliance with the labor pro­ project. wholly completed in accordance with the visions of the contract. (b) Partial grant payments^i 1) Gen­terms of the Grant Agreement, an ap­ § 550.8 Accounting and audit. eral. Subject to the final determination plication for final grant payment may of allowable project costs as provided in be filed as provided in paragraph (e) of (a) Accounting procedure. Each spon­ paragraph (d) of this section, partial this section. The Regional Administra­ sor shall establish and maintain, for grant payments for project costs will be tor will make final grant payment each individual project an adequate ac­ made to a sponsor from time to time, thereon only when he has determined counting record to permit determination upon application therefor as provided in that the following conditions have been by representatives of the Federal Avia­ paragraph (e) of this section. In the met: tion Agency of all funds received (includ­ absence of an agreement otherwise, a (1) A final inspection of all work at ing funds of the sponsor and funds sponsor may apply for Such partial pay­ the project site has been conducted received from the United States or from ments on a monthly basis. Such pay­ jointly by the District Airport Engineer other sources) and a determination of ments may be applied for and made and representatives of the sponsor and the allowability of all incurred costs of either on the basis of the cost of airport the contractor, unless a different pro­ the project. Project costs shall be so development accomplished or on the cedure for final inspection is agreed to segregated and grouped that the spon­ basis of the estimated cost of airport by the District Airport Engineer; sor will be able to furnish, upon due development expected t o , be ac­ (ii) A final audit of the project ac­ notice, cost data in the following cost complished. count has been completed by repre­ classifications: - (2) Amount of partial grant payments. sentatives of the Federal Aviation (1) Purchase price or value of land. Except as otherwise provided, partial Agency; (2) Incidental costs of land acquisi­ grant payments will be made in amounts (iii) The sponsor has furnished final tion. sufficient to bring the aggregate amount “as constructed” plans, unless otherwise (3) Costs of contract construction. of all partial payments to the estimated agreed to by the Regional Administra­ (4) Costs of force account construc­ United States share of the project costs tor. tion. of the airport development accomplished (2) Amount of final grant payments. (5) Engineering costs of plans and under the project as of the sponsor’s Based upon the final inspection, the final designs. latest application for such payment: audit, the plans, and the documents and (6) Engineering costs of supervision Provided. That if a sponsor makes appli­ supporting information required by and inspection. cation therefor, a partial grant payment paragraph (e) of this section, the Re­ (7) Other administrative costs. will.be made as an advance payment in gional Administrator will determine the (b) Proejct records. (1) Cost evidence. an amount sufficient to bring the aggre­ total amount of the allowable project A sponsor shall secure and retain in its gate amount of all partial payments to costs of a project and pay the sponsor files for a period of three years after final the estimated United States share of the the United States share of such amount grant payment documentary eyidence estimated project costs^ef the airport de­ less the total amount of all prior grant such as invoices, cost estimates,■

requested, and (3) such supporting in­ will be set so as to avoid undue delay to its legal authority to undertake the formation, including appraisals of prop­ in disposing of the subject project ap­ project, the availability of funds for its erty interests, as may be required by the plication but so as to afford reasonable share of project costs, approvals of other Regional Administrator to permit the time for all parties concerned to pre­ non-Federal agencies, the existence of determination of the allowability of any pare for the hearing. The hearing will any defaults on other obligations to the costs for which payment has been re­ be held at a place convenient to the United States, possible disabilities, and quested. In the case of each such appli­ sponsor. The Administrator will give ownership of lands and interests in lands cation involving work accomplished by notice of time and place by mail to to be used in carrying out the project contract, the required contractor’s cer­ the party filing the memorandum, to and operating the airport; Part i n which tification contained in the periodic cost the sponsor or sponsors, and to such contains the assurances on the part of estimate must contain the statement other persons as the Administrator the sponsor regarding the operation and that “there has been full compliance deems necessary. A hearing will be maintenance of the airport, the further with all labor provisions included in the held only for the purpose of assist­ development of the airport, and the ac­ contract identified above”, except that, ing the Administrator in ascertaining quisition of such additional lands or in­ if the contractor is unable to make such facts relevant to the location of an terests in lands as may be required to a statement because of the existence of airport, the development of which is undertake and carry out the proposed an honest dispute as to the nature of his proposed in an application pending be­ project or for operation of the airport; obligations under the labor provisions of fore him. All hearings pursuant to this and Part IV which contains a statement the contract, the Regional Administra­ paragraph will be regarded as hearings of acceptance on the part of the sponsor tor will accept as satisfactory a periodic in which there are no adverse „parties and appropriate spaces for execution by cost estimate containing a certification and no adverse interests, and in which the sponsor and certification by the spon­ by the contractor that “there has been there will be no defendant or respondent. sor’s attorney. full compliance with all labor provisions They are not hearings of the type de­ (c) Project Application for Additional included in the contract identified above, scribed in sections 5, 7 and 8 of the Ad­ Project, Form FAA-1624.1. This form except insofar as an honest dispute ministrative Procedure Act (60 Stat. is a modification of the Project Applica­ exists with respect to sueh provisions.-” 237; 5 U.S.C. 1001), and will not termi­ tion, Form FAA-1624, and may be used (f) Excess grant payments. If upon nate in an “adjudication” as defined by by the Sponsor, at the discretion of the final determination of the allowability that act. Regional Administrator, for second and of all project costs of a project, it is (c) Procedure. Any public hearing subsequent projects at the same airport. found that the total of grant'payments under paragraph (b) of this section will Form FAA-1624.1 is identical with Form made to the' sponsor is in excess of the be conducted on behalf of the Admin­ FAA-1624 except that, with respect to total United States share of allowable istrator by such examiner or examiners the former, certain of the representa­ project costs of the project, such excess as the Administrator may designate. tions and assurances are incorporated by shall be returned promptly by the spon­ Such examiner or examiners shall decide reference in lieu of being set forth in sor to the Federal Aviation Agency. the time to be consumed, the type of their entirety. (g) Suspension of grant payments for testimony to be heard, and all other mat­ (d) Grant Agreement, Form FAA- violations of labor provisions. In the terswith respect to the conduct of the 1632. This form consists of two parts, event of failure or refusal of a contractor hearing. namely, Part I, Offer, in which there is or subcontractor to comply with the (d) Records. ' Hearings, will be re­ set forth an offer on the part of the labor provisions of the contractor’s con­ corded in such form and manner as may United States to pay a specified percent­ tract with the sponsor, the Regional Ad­ be determined by the examiner or ex­ age of the allowable costs of the project ministrator will suspend further grant aminers and the record so made shall as described therin on specified terms payments to the sponsor until such time become a part of the record of the proj­ and conditions relating to the undertak­ as the violations are discontinued or ect application. However, decisions of ing and carrying out of the project, until the Regional Administrator has the Administrator will not be made solely determination of allowability of costs, determined the allowability of the proj­ upon the record of the hearing, but upon payment of the United States share ect costs to which such violations relate all relevant facts within the knowledge thereof, and operation and maintenance or, to the extent that the violations con­ of the Administrator, from whatever of the airport in accordance with the sist of under-payments to labor, until source obtained. assurances prescribed in the project ap­ the sponsor has furnished assurance, § 550.11 Forms. plication for the project; and Part II, satisfactory to the Regional Administra­ Acceptance, which contains a statement tor, that restitution has been or will be There is set forth in this section a gen­ of acceptance of the Offer by the sponsor made to the affected employees. eral description of the various forms re­ and space for execution by the sponsor ferred to in the foregoing sections of and certification by the sponsor’s at­ § 550.10 Memoranda and hearings. this part. Copies of such forms and as­ torney. (a) Memoranda. At any time prior sistance in their completion and execu­ (e) Periodic Cost Estimate, Form to the issuance of a grant offer for a tion may be obtained from the District FAA-1629. This form, which contains project by the Administrator, any public Airport Engineer of the District in which a certification to be executed by the agency, person, association, firm, or cor­ the project is located. contractor (or the sponsor with respect poration having a substantial interest in (a) Request for Federal-aid, Form to force account work), contains spaces the disposition of the project applica­ FAA-1623. This form contains a state­ for the insertion of information regard­ tion for such project, may file a memo­ ment requesting Federal aid in carrying ing the progress of construction work as randum in support thereof or in opposi­ out a project under the act. It contains of a specified date and the value of such tion thereto with the Administrator appropriate spaces for insertion of in­ work accomplished. Instructions for through the District Airport Engineer" of formation required for consideration- of the preparation of the form are ap­ the district in which the project is lo­ the request, including the location of the pended thereto. cated. Such party may request a public airport, the amount of funds available (f) Application for Grant Payment, hearing with respect to the location of to the sponsor, a description of the pro­ Form FAA-1625.1. This form contains the airport the development of which posed work and the estimated cost a formal statement of application for a is proposed. If, in the opinion of the thereof. grant payment under a grant agreement Administrator, the party filing the (b) Project Application, Form FAA- for work accomplished as of a specified memorandum has a substantial interest 1624. This form is the formal applica­ date or to be accomplished in a specified in the matter, a public hearing will be tion for Federal aid to carry out a proj­ time in the future. It contains spaces for ect under the Act and this part of the appropriate breakdown of project costs held in accordance with paragraph (b) regulations. It consists of four parts, among the categories shown therein. It of this section. namely, Part I, in which there is re­ also contains certification provisions for (b) Hearings. If a request for a pub­ quired to be incorporated pertinent in­ execution by the sponsor and the District lic hearing is made and approved as set formation regarding the airport and pro­ Airport Engineer, FAA. forth in paragraph (a) of this section, posed work' included in the project; (g) Summary of Project Costs, Form the time and place of the hearing will Part II in which there is set forth the FAA-1630. This form contains spaces be set by the Administrator. The time representations of the sponsor relating for insertion of the latest revised esti- 7818 RULES AND REGULATIONS mate of total of project costs, the total included in the National Airport Plan generally be limited to a single runway cost incurred as of a specified date and and may qualify for Federal aid if, with­ and its approaches. Expenditures for an estimate of the aggregate of such total in the established forecast period, it will runway improvement at existing airports costs incurred to date and those to be have a substantial aeronautical neces­ will largely be restricted to the dominant incurred prior to a specified date in the sity. A project must be included in the runway and its approach zones with a future. Instructions for the preparation current National Airport Plan in order gradual “phasing-out” of the less used of the form are appended thereto. to be eligible for inclusion in, the Fed­ runways. More than one runway will eral-aid Airport Program. However, the be eligible at a location where traffic 2. By adding new §§ 550.23, 550.24, andNational Airport Plan should not be re­ volume demands additional runway 550.25 in Subpart B thereof to read as lated to the need for financial participa­ capacity or where wind conditions re­ follows: tion in the Federal-aid Airport Program. quire an additional runway for safety § 550.23 General policy for administer­ Therefore, the inclusion of an airport in and operational efficiency, giving con­ ing the Federal-aid Airport Program. the Plan shall not be construed as a com­ sideration to the abatement of aiicraft (a) General purpose of program. The mitment either on the part of the local noise and to the economic factors of air Federal Airport Act places statutory re­ community to proceed with the develop­ transportation at that location. sponsibility in the Administrator of the ment or on the part of the Federal Gov­ (i) Airport "buildings. Federal-aid Federal Aviation Agency for bringing ernment to participate financially in Airport Program funds may be used for about a system of public airports ade­ such development under the Federal-aid the construction of only such buildings quate to anticipate and meet the needs of Airport Program- or parts thereof as are essential for the civil aeronautics, both air carrier and id) New airports. Construction of safety, comfort and convenience of per­ general aviation. Today, there exists a new airports should be limited to com­ sons using the airport for aviation pur­ basic system of public and private air­ munities where (1) the volume of air poses. There is specifically excluded ports to serve the nation, representing a traffic, now or in the future, exceeds the from eligibility, however, any building or potential capacity of the existing air- part of a building intended for use as a large investment of public and private port($); (2) the existing airport(s) can­ bar, cocktail lounge, night club, theater, funds. Growth in the volume of air not economically be improved to handle private club, garage, hotel rooms, com­ traffic, technological developments in the their air traffic safely and adequately; mercial offices, or game room. science of aeronautics, shifts in the rela­ (3) the community or area lacks an air­ (j) National Defense. In administer­ tionship between the airport and its port but facts show the need for one; or ing the Federal-aid Airport Program, the neighbors, and other factors in this dy­ (4) one new airport can serve one or needs of National Defense will be given namic industry all combine to create a more communities more efficiently than due consideration, but project approval changing aeronautical demand which, in existing facilities. The majority of com­ will be limited to the development re­ turn, requires that the national system munities can be adequately served by one quired to serve civil needs. of airports be capable of adapting itself properly planned, well developed civil (k) Evaluation of items of develop­ to Varying conditions. The primary pur­ airport. Under these conditions, Fed­ ment. Any and all items of development pose of the Federal-aid Airport Program eral-aid Airport Program funds should proposed for inclusion in a project will is to assist each community, irrespective be spent on only the one airport. The be evaluated in the light of current of population, which has a substantial airport can be a new one provided the standards.' Although the Federal share aeronautical requirement, in developing community has a substantial aeronau­ of an over-all development may be com­ new or bringing its existing civil air­ tical requirement, but does not have an paratively small, each individual item of port (s) to a standard compatible with airport or has an existing airport which work to be accomplished with Federal the present and future needs of civil needs to be replaced. Certain metropoli­ assistance will be judged on its own aeronautics, so that such airport (s) will tan areas, however, now need, and others merit and must be fully eligible. In be part of “a system of public airports soon will need, more than one airport those cases where Federal funds consti­ adequate to anticipate and meet the to handle their volume of civil air traffic tute less than the normal Federal share needs of civil aeronautics.” efficiently and safely; in such cases each of the total funds required for the items (b) Federal Aviation Act of 1958. necessary public airport will be eligible of eligible development being undertaken Under the Federal Aviation Act of 1958, to receive Federal-aid Airport Program by the sponsor, it will save both time and the FA A is empowered, and directed to funds. money if the Federal funds are applied encourage and foster the development of (e) Military occupancy of civil air­ to construction items only, eliminating civil aeronautics and air commercfe in the port. Where proposed military occupan­ all engineering and administrative costs. United States and abroad. Pursuant to cy of a civil airport will result in (l) Useful and usable unit. Each proj-. this statutory direction FAA representa­ depriving any segment of civil aviation ect should provide a safe, usable and tives will point out to airport owners de­ of needed faoilities, every effort should useful unit of the airport or add materi­ ficiencies in airport facilities. In per­ be made by the affected community, in ally to the safety or utility of the airport. forming this function, however, it is to be its negotiations with the military serv­ If the development of a usable unit is understood that a recommendation to ices, to secure adequate reimbursement susceptible of more economical accom­ correct a deficiency does not in any way for such military occupancy. This re­ plishment under stage construction, Fed­ imply a commitment of funds under the imbursement, or an amount equivalent eral-aid Aiport Program funds may be Federal-aid Airport Program. Such thereto, should be utilized to construct programmed in advance for accomplish­ funds are earmarked when a specific an adequate civil airport or replacement ment of the development over a period of project has been included in an approved facilities without Federal-aid Airport two or more years, within the limit of program and a tentative allocation of Program participation. available authorization. funds has been made. However, funds (f) Emphasis on safety and efficiency. (m) -Master plan layout. All work are committed only when a Grant Agree­ In allocating Federal-aid Airport Pro­ must be accomplished in accordance with ment has been executed. gram funds emphasis will be placed on an approved master plan layout. (c) National Airport Plan. Pursuant projects essential to the safety and effi­ (n) Small projects. Because of ad­ to the Federal Airport Act, tfre FAA pre­ ciency of aircraft operations ait airports. ministrative procedures involved in the pares annually a national plan for the (g) Long-range planning. Federal- Federal-aid Airport Program, it is im­ development of public airports in the aid Airport Program funds generally will practical to consider a project involving United States, including Puerto Rico and be available only to provide long-range less than $5,000 in Federal funds unless the Virgin Islands. Such plan, which solutions to community airport prob­ special necessity for the development is known as the “National Airport Plan,” lems. The development or improvement specifies in terms of general location and warrants Federal participation. Small of a facility, which may be replaced» in projects on one airport should, whenever type of development, the maximum a very few years, or other short-range limits of airport development considered solution, should be adopted only when possible, be consolidated in one Grant by the Administrator to be necessary to the facte, balanced against the amount Agreement rather than under separate provide a system of public airports ade­ of funds required, justify such a solution. grant agreements even though the work quate to anticipate and meet the needs (h) Single runway. Funds for run­ will be accomplished over a period of of civil aeronautics. An airport will be way development at new airports will years. T uesday, Septem ber 29, 1959 FEDERAL REGISTER 7819 (o) Single grant agreement. All de­ letter. Waivers of these project criteria of site preparation will be limited to one velopment programed for one airport may, under certain circumstances, be landing strip at any airport unless the during each fiscal year should be con­ granted by the Washington Office of the airport definitely qualifies for more than tained in a single Grant Agreement un­ FAA. However, a request for such waiver one runway on the basis of traffic vol­ less special circumstances justify sepa­ must be accompanied by a complete doc­ ume or wind conditions, as outlined in rating the workinto two or more projects. umentation of factual data showing why paragraph (d) of this section, and the (p) Runway clear zones. When funds deviation from the stated principle is overall site preparation required for de- are allocated for development of new necessary in the public interest. These • velopment in accordance with the ap­ runways or landing strips or improve­ guides to eligible development will be proved master plan layout. Complete ment or repair of existing runways, the applied at the time each annual pro­ clearance of runway clear zones is de­ sponsor will be required to own, acquire, gram is developed and tentative alloca­ sirable but as a minimum, all obstruc­ or agree to acquire, runway clear zones, tion of Federal-aid Airport Program tions as determined by TSO-N18 must as defined in § 550.38, at each end of funds are made to individual airport be removed. Grading in runway clear each runway or landing strip on which sponsors, and when reviewing each Proj­ zone areas is eligible only to remove ter­ the funds are to be expended. Excep­ ect Application, together with plans, rain which constitutes an obstruction. tions will be considered (on the basis of specifications and supporting documents. The FAA does not regard the clear zone a full statement of facts by the sponsor) (b) Land acquisition. (1) The acqui­as a graded overrun area. • Specific site where a showing of uneconomical acqui­ sition of land or any interest therein, or preparation for an airport terminal sition cost, or lack of necessity for acqui­ any easement Pr other interest in air building will be eligible on the same basis sition, can be made. If easements rather space, : shall be eligible for inclusion in as the building itself, i.e., site prepara­ than acquisition of property for runway a project when such acquisition is neces­ tion cost to be prorated based upon eligi­ clear zones will afford the sponsor ade­ sary: ble and ineligible building space. quate control of the surface of such (1) To permit the initial development (2) There is set forth below an itemi­ areas, easements will be satisfactory in of the airport as well as necessary and zation of typical eligible and ineligible lieu of title. justifiable airport expansion, exclusive, items of site preparation work: however, of anyvland intended for use (q) Stage development. Where eco­ Typical Eligible Items nomically feasible, large developments as a passenger automobile parking facil­ which lend themselves to financing over ity. Reimbursement for land already 1. General site preparation: acquired for airport use, exclusive of that a. Clearing of site. a period of more than one year and b. Grubbing of site. accomplishment under more than one used or intended for use as a passenger c. Grading of site. Grant Agreement, will be given tentative automobile parking facility, is eligible, d. Storm drainage of site. allocations for future years rather than provided it was acquired subsequent to 2. Erosion control. the entire Federal share in one fiscal May 13,1946. 3. Grading to remove obstructions. year. Grant Agreements will be made (Ii) To prevent or limit the establish­ 4. Grading for installing navigation aids on against such tentative allocations only ment of airport hazards and to permit airport property. during the fiscal years in which the funds the removal, -dowering, relocation or 5. Dredging of seaplane anchorages and are authorized for obligation. marking or lighting of existing airport channels. (r) Compliance with sponsorship re­ hazards. Acquisition for this purpose Typical Ineligible Items quirements. No Federal-aid Airport should be encouraged and include ac­ 1. Specific site preparation (not a part of Program funds will be authorized for quisition of navigation easements in run­ an overall site preparation project) for: expenditure on an airport unless the way approach zones. a. Hangars. Administrator is satisfied that the spon­ (iii) To permit the installation of b. Passenger automobile parking facilities. sorship requirements under existing and landing aids. c. Industrial and other nonairport pur­ proposed agreements with the United (iv) To permit proper use, operation poses. States, applicable to that airport, have or maintenance of the airport as a pub­ (3) The eligible drainage work off the been or will be met. lic facility, including land required off­ airport site includes drainage outfalls, (s) Previously obligated work. Un­ site for the location of necessary portions drainage disposal, interception ditches, less specifically authorized by the Ad­ of the utility systems required to serve etc. If there is damage to adjacent ministrator, the proposed airport devel­ the airport. property, the correction of such damage opment shall not include any work which (v) To provide runway clear zones. is an eligible item and may be included the sponsor of the project or any other (2) There is set forth below an item­ in the project. nonfederal public agency is obligated ization of typical eligible and ineligible (d) Runway paving. (1) Types of to accomplish without Federal-aid Air­ Items of land acquisition: work eligible under this category include port Program funds by reason of any Typical Eligible Items pavement construction, reconstruction agreement or commitment to the United 1. Land for: and resurfacing where such resurfacing States. a. Initial acquisition for entire airport de­ is to increase the load bearing capacity (t) Land donation. No project will velopments, including building areas as de­ of the runway or to provide a leveling be approved for the acquisition of land lineated on the approved master layout plan. course to correct major irregularities in which has been or will be donated to thè b. Expansion of airport facilities. the pavement. Runway resealing or re­ sponsor, where the sponsor is requesting c. Clear, zones at ends of- eligible runways. filling joints of an ordinary maintenance d. Approach lights. a grant on the basis of the value of such e. Approach protection. nature will not be eligible items for in­ land, unless the Project also includes f. Airport utilities. clusion in a project. This does not ex­ other items of airport development the 2. Easements for : clude the bituminous resurfacing of estimated cost of which would require a a. Use of air space by aircraft. pavements where such resurfacing will sponsor’s contribution equaling or ex­ b. Storm-water run-off. consist of a minimum of 100 pounds of ceeding the United States share of the c. Power lines to serve off-site obstruction plant-mixed material per square yard; estimated value of the donated land. lights. nor does it exclude the application of a d. Airport utilities. bituminous surface treatment (two ap­ § 550.24 Programing standards. 3. Extinguishment of easements which in­ terfere with airport development. plications of bituminous material and (a) General. (1) The establishment cover aggregate per FAA Specification of programing standards for the Federal- Typical Ineligible Items P-609) on a pavement whose present aid Airport Program is necessary to in­ 1. Land for: surface course consists of such a bitumi­ sure the most efficient utilization of Fed­ a. Industrial and other nonairport pur­ nous surface treatment. An exception eral-aid Airport Program funds and to poses. will be considered where a runway exten­ assure that the most important elements b. Passenger automobile parking facilities. sion or partial reconstruction requires a of a national system of airports will be (3) Land for “expansion of airport fa­ seal coat over the entire runway to pre­ provided. - cilities” does not include the acquisition sent a uniform color and appearance, or (2) In evaluating items of develop­of a small parcel for a single hangar. where an initial seal coat is to be applied. ment, the intent of the standard is to (c ) Preparation of site. ( 1 ) Eligibility (2) Federal-aid Airport Program par­ be carried out in spirit, as well as in of grading, drainage and associated items ticipation .in the construction, recon- 7820 RULES AND REGULATIONS struction or resurfacing of runways will (e) Taxiway paving. (1) The con­ (g) Treatment of pavement shoulders be limited to the dominant runway at struction, alteration and repair of taxi- at airports to serve turbojet propelled any airport unless more than one runway ways needed to expedite the flow of aircraft. (1) Where turbojet powered can be justified on the basis of wind con­ ground traffic between runways and air­ aircraft will operate, it may be necessary ditions, abatement of aircraft noise or-- craft parking areas available for general to provide pavement shoulders which traffic volume. ' - public use will be eligible. Taxiways to will reduce the possibility of ingestion of (3) On the basis of wind conditions,serve an area or facility which is pri­ foreign matter into jet engine intakes. an airport will be eligible for a second marily one of exclusive or near exclusive Such treatment normally will be limited runway if use of the dominant runway use of a tenant or operator not furnish­ to shoulders, of taxiways and holding at that airport will require landings with ing aircraft servicing to'the public will aprons. The treatment of runway cross-wind components exceeding 15 be ineligible. The policy concerning re­ shoulders is not necessary except in rare MPH for more than 5 percent of the time. sealing or refilling joints covered in para­ and isolated cases which must be justi­ Even though the 95 percent usability fac­ graph (d) of this section applies also to fied by unusual local conditions. The to* is not achieved with a single runway, taxiway paving. treatment areas'of shoulders may extend a second runway should be provided only (2) There is set forth below an item­ laterally from the pavement edge a dis­ if operation experience has demonstrated ization of typical eligible and ineligible tance of 25 feet. Treated pavement the need for it, and the economic factors items of taxiway paving work: shoulders need not consist of full design of air transportation at the specific loca­ strength pavement sections. The Typical Eligible Items treated area should be designed in cog­ tion warrant the expenditure of federal- 1. Basic types of pavement listed as nizance of prevailing climatic influences aid Airport Program funds for this pur­ eligible under “Runway Paving." and provide a surface which can be kept pose. The second runway should be so 2. Taxiways providing access to ends and oriented with regard to the dominant intermediate points of-eligible runways. free of loose particles with a minimum runway that maximum wind coverage is 3. Bleed-off taxiways. amount of maintenance. achieved, giving due consideration to the 4. Bypass taxiways. (2) There is set forth below an item­ aircraft noise factor. Normally, wind 5. Run-up pads. ization of typical eligible and ineligible data information for most locations is 6 . Primary taxiway systems providing items of shoulder paving work: access to hangar areas and other building Typical Eligible Items available from Weather Bureau records. areas delineated on approved master layout However, where such information is not plan. 1. Treated, shoulders of exit taxiways. available for a specific location, the data 7. Secondary taxiways providing access to 2. Treated shoulders of taxiways for move­ from the two or more nearest wind re­ groups of individual storage hangars and/or ment» of jet aircraft. cording stations can be used to give an multiple-unit tee hangars. 3. Holding apron shoulder treatment. indication of the wind characteristics for Typical Ineligible Items 4. Seaplane ramps and docks or crop dust­ the site. When the airport site is lo­ ing aprons provided that nonexclusive use 1. Basic types of pavement listed as in­ will be afforded. cated between the recording stations and eligible under “Runway Paving.” the intervening terrain is level or slightly 2. Taxiways providing access to an area Typical Ineligible Items rolling, a composite wind rose made from not offering aircraft storage and/or service 1. Treated runway shoulders. those of the associated stations is usually to the public. 2. Treated shoulders for taxiways not in­ acceptable. If the intervening terrain is 3. Lead-ins to individual storage hangars. tended for Jet aircraft operations. mountainous, allowance for its effect on 3. Treated shoulders for parking, storage (f) Aprons. (1) The construction, or servicing aprons. wind can be made by weighted averages. alterations and repair of aprons will be In determining the values to be applied 1 eligible upon demonstrated need as pub­ (h) Lighting and electrical worJc—( 1) to the records of each individual station, lic use facilities. Aprons to serve areas General. Federal-aid Airport Program use should be made of a topographic map which are predominantly for exclusive funds may be utilized for the installation of the area on which the location of the use or near exclusive use of a tenant or of lighting facilities only at those air­ wind recording station has been plotted. operator not furnishing aeronautical ports with a sufficient volume of existing (4) On the basis of traffic volume, an service to the public will be ineligible. or potential night operations, as deter­ airport with 75,000 or more annual air­ The policy concerning resealing or re­ mined in each individual instance, to as­ craft movements of all types not qualify­ filling joints covered in paragraph (d) of sure their continued operation and ade­ ing for a second runway on the basis of this section applies also to apron paving. quate maintenance. No project for winds will be eligible for a second run­ (2) There is set forth below an item­ lighting shall be considered until the way on the basis of traffic volume, pro­ ization of typical eligible and ineligible sponsor has been made aware of its re­ vided that the layout and orientation of items' of apron construction work: sponsibilities regarding the manner in the two runways will permit both to be which the lights are required to be oper­ used to expedite traffic. Airports requir­ Typical Eligible Items ated and has been aware of the cost of ing more than two runways because of 1. Basic types of pavement listed as maintenance and operation. No Grant traffic volume or a combination of traffic eligible under “Runway Paving.” Offer shall be issued until the spon­ volume and wind coverage will be han­ 2. Loading ramps. sor has submitted an application for dled on a case-by-case basis. 3. Aprons available for public parking, a True Light Certificate indicating a (5) There is set forth below an itemiza­ storage, and/or service. lighted airport. Federal-aid Airport 4. Aprons serving hangars used for public tion of typical eligible and ineligible storage of aircraft and/or service to the Program participation ip airport lighting items of runway paving work: public. will be limited to those projects which Typical Eligible Items Typical Ineligible Items will, upon completion, meet the require­ ments for a True Light Certificate and 1. New runways for specified loadings. 1. Basic types of pavement listed as in­ which'include the rem oval or adequate 2 . Runway widening or extensions for spec­ eligible under “Runway Paving.” 2. Aprons serving installations for non­ lighting of obstructions in the approach ified loadings. public use. and turning zones, as determined by 3. Reconstruction of existing runways for 3. Paving inside a hangar or on the pro­ TSO-N18. specified loadings. posed site of a hangar. (2 ) ' Number of runways eligible for 4. Resurfacing runways for specified 4. Aprons for ineligible cargo buildings. program participation. The total num­ strength or for smoothness. 5. Apron services (pits or pipes for ber of runways that may be considered Typical Ineligible Items chemicals) will not be eligible. for lighting will be the same as the num­ as 1. Maintenance-type work, including: (3) In determining public use, the ber of runways eligible for paving set present use that is being made qf a forth in paragraph (d) of this section. a. Seal coats. Any runway eligible for lighting will, as b. Crack filling. hangar will govern, unless definite facts c. Resealing Joints. are known regarding future use. When a minimum, be eligible for medium in­ d. Runway patching. an apron area is being built for future tensity runway lighting. e. Isolated repair. hangars, the likelihood of early hangar (3) High intensity runway lighting. 2. Runway construction or extension be­ development should be assured; also, the Because high intensity runway lighting yond the limits of the service type specified likelihood that such future hangars will is considered a part of an integrated in­ in the National Airport Plan. be public facilities. strument landing system, an increased rv T uesday, S eptem ber 29, 1959 FEDERAL REGISTER 7821 percentage of Federal-aid Airport Pro­ buildings which are essential for the Eligible Space gram financial participation is allowed safety, convenience and comfort of per­ 1. Space for United States Government where such facilities are installed as an sons using airports for public aviation services, consisting of: ILS component. High intensity runway purposes, and exclude from Federal par­ a: Air traffic communication stationv lights will be eligible for participation ticipation in a Federal-aid Airport Pro­ (ATCS). as follows: gram any building or areas therein b. Airport traffic control quarters (tower (i) On the instrument runway(s) of which do not meet that test, even though or combined station/tower). c. Weather Bureau (Aeronautical con­ an airport equipped with an ILS, or on such buildings or areas are desirable for nected services). the designated instrument landing run­ the efficient use of the airport or would 2. Public use facilities, consisting of: ways of those airports listed in the cur­ produce a source of revenue for the op­ a. Public waiting areas, ticket lobby (ex­ rent FAA Air Traffic Control booklet eration and maintenance of the airport cluding airline space), rest rooms, baggage ‘‘Terminal Locations for Planning Pur­ and appurtenant facilities. The test of claim areas and circulatory - space in the poses” with an estimated minimum of eligibility is basically one of essentiality terminal building and fingers. 700 Instrument approaches during the for the traveling public. Ineligible Space forecast period, FAAP participation to (2) Allowable space in airport termi­ 1. Space for United States Government the extent of 75 percent of the high in­ nal or administrative buildings will be services, other than air traffic control, tensity lighting cost is eligible. limited to that needed for the housing weather reporting and communications (ii) Runway (s) eligible for lighting, of activities relating to airport air traffic activities related to air traffic control, but not eligible for high intensity lights control,r weather reporting, and com­ including: , ^ •. under (a) above, will be eligible for munications related to air traffic con­ a. Agriculture. FAAP participation of 50 percent of the trol and to certain non-revenue public b. Customs. cost of high intensity lighting (or the use areas which are enumerated here­ c. Federal Aviation Agency: allowable Federal Airport Act percent­ (i) Airpdrt district office. after in more detail. In addition, exces­ (ii) Air route traffic center. age in public land states), provided the sive interior and exterior ornamenta­ (iii) Area traffic control quarters (reloca­ need for high intensity lights can be tion will not be eligible. tion of center function). justified. (3) Space in airport terminal build­ (iv) Combined ATCS/C^enter (ATCS por­ (4) Taxiway lighting. Taxiway light­ ings, for uses eligible and allowable under tion to be eligible). ing will be eligible upon demonstrated this policy, must reasonably conform (v) Flight Standards district office. need based on the volume of night activ­ with the applicable space standards of (vi) International Air Traffic Communica­ ity and the complexity of the taxiways tion Station (I ATCS). the current “Airport Terminal Build­ d. Immigration. system. No justification is required for ings” booklet issued by the FAA. e. Post Office. the installation of lights used to identify (4) Building space on the airport site f. Public Health. runway exits as a part of a runway light­ to house and maintain fire fighting and 2. Airline and/or other aircraft operator ing project. crash equipment relating to the safety space and facilities, such as: (5) Beacons, lighted wind indicators, and protection of aircraft will be a. Airline communications. control equipment. Any airport which /eligible and allowable. Space for such b. Airlines operation and office space. is eligible for participation in the cost equipment designed or based upon com­ c. Airline reservations! of runway lighting will be eligible for in­ d. Charter Flight or air taxi office. munity as opposed to airport needs is not e. Fixed base operator office. stallation of a beacon, lighted wind indi­ allowable. Cost of space for airport f. Pilot’s Lounge. cator (s) , obstruction lights, lighting con­ maintenance equipment is not allowable. g. Ticket counters and space therefor, and trol equipment and other components of Cost of hangars and cargo buildings will work areas. basic airport lighting including separate not be allowable. Hotels, motels or resi­ 3. Concessionaire space and facilities, such transformer vaults and connection to the dences will not be allowable. Special as: nearest available power source. fixtures and shop equipment will not be a. . Advertisement areas for display cases, (6) Stand-by power. The intercon­ allowable. -appliances, automobiles, etc. nection of two or more power sources b. Automobile rental. (5) No Federal-aid Airport Program c. Bank and/or currency exchange. on the airport property will be eligible1. funds will be made available for the de­ . d. Barber shop or beauty shop. The provision of second sources of power velopment of separate facilities or space e. Book shop. and the installation of stand-by engine in an airport building when such facili­ f. Camera and photography shop. generators of reasonable capacity will ties or space are designed for use now or g. Candy shop. also be eligible. in the future for separate racial groups. h. Cocktail lounge or bar. (7) There is set forth below an itemi­ (6) A sponsor may desire to construct 1. Delicatessen. zation of typical eligible and ineligible j. Drug Store. ineligible or unallowable space or space k. Florist. items of airport lighting: in excess of that provided for in FAA l. Game room. Typical Eligible items standards. In such cases, a project may m. Gift shop. 1. Runway lights. bé approved for construction of the entire n. Haberdashery and women’s weàr. 2. Taxiway lights. facility provided the resulting Federal o. Insurance sales. participation in the cost of such con­ p. Jewelry shop. 3. Taxi way guidance signs. q. Merchandise vending room. , 4. Obstruction lights. struction is limited to the United States r. Newsstand. 5. Apron floodlights. share of the allowable cost of construct­ s. Restaurant or other eating facility space. 6. Beacons. ing that portion of the building neéded t. Taxi and /or limousine. 7. Wind and landing direction indicators. for airport purposes and eligible under 4. Airport owner or operator space, such as : 8. Electrical duct and manholes. these policies. In the event a sponsor a. Airport Commission, Board or Authority 9. Transformer or generator vaults. Offices. 10. Control panels for field lighting. elects to include ineligible space and/or space in excess of that determined to be b. Airport Employees Facilities. 11. Control equipment for field lighting. c. Airport Management Offices. 12. Auxiliary power. eligible and allowable, there should be 5. Non-public or non-aviation space or fa­ 13. Lighting off-site obstructions. included, as part of the Grant Agreement, cilities, such as : Typical Ineligible Items a provision showing evidence of sponsor - a. Air Express or cargo. FAA agreement as to what is recog­ b. Auditorium. 1. Electronic navigation aids. nized as / being eligible and allowable c. Chapels or churches. 2. Approach lights. d. Conference rooms. 3. Horizon lights. under the project and that which will not be allowed. In such cases the cost e. Decorative or monumental features. 4. Isolated repair and reconstruction of f. Garage and/or service station. airport lighting. of utilities and space for building services g. Hotel rooms, roomettes. 5. Automobile parking area lighting. will be allowable on a pro rata basis in h. Industrial and commercial offices. 6. Street or road lighting, relation to the eligible and ineligible- I. Observation deck. (i) Buildings. (1) It will be the pol­ building space. J. Physical recreational facilities. (7) There is set forth below a list of k. Pools, fountains or other decorative dis­ icy of FAA to participate with funds plays. made available through the Federal-aid eligible and ineligible space areas in air­ l. Press room. Airport Program in the development of port terminal or administration build­ m. Professional offices (doctor’s, dentist’s those buildings and areas of airport ings: etc.). N6 . 190----- 3 , • < 7822 RULES AND REGULATIONS

n. Private club areas. areas and special treatment to prevent (3) Relocation of roads and utilities o. Private dining rooms. slope erosion will be eligible to the extent constituting airport hazards. p. VIP and public relation rooms. of the eligibility of the facilities or areas (4) Clearing,grading and grubbing to structure is to be demolished and a new areas, except where the magnitude of hangar is erected or constructed, only the work is such that it constitutes a ization of typical eligible and ineligible major repair item or is part of a recon­ items of road construction: the cost of demolition of the existing hanger is an eligible item of project.cost. struction project. Typical Eligible Items (q) Miccellaneous landing aids. The (vi) Refilling joints and resealing sur­ 1. Entrance roads. installation of the following landing aids face of pavements. 2. Service roads for access to public areas. will be eligible: 1 3. Service roads for airport maintenance § 550.25 Development of annual air­ (1) Segmented circle. port program. (including perimeter airport service road (2) Wind and landing direction in­ within airport boundary and not for general dicators. (a) General. In order to bring about public access). in conformity with the National Airport 4. Relocation of roads to permit airport (3) Boundary markers. development or expansion or to remove (r) Marking. The initial marking of Plan the' establishment of a nationwide obstructions. runway and taxiway systems will be system of public airports adequate to 5. Service-roads to navigational facilities. eligible, as well as the re-marking of meet the present and future needs of civil aeronautics, there will be developed Typical Ineligible Items runways and taxiways where the mark­ ing has been obliterated by construction, for eaéh fiscal year an annual airport 1. Off-site roads, or has become obsolete under current program within that Plan, based on, the 2. Roads to areas of exclusive use. FAA standards. Apron marking not al­ funds available under the Federal Air­ (l) Automobile parking^ facilities. No lied with runway and taxiway marking port Act. part of the construction, alteration, or systems will be ineligible. (b) Project requests. (1) The sub­ repair (including grading, drainage and (s) Off-site work. The following wQrk mission of a “Request for Aid”, Form other site preparation work) of facilities performed outside the boundaries of an FAA-1623, for an airport development or areas to be used as passenger automo­ airport or airport site will be eligible: project, is necessary before any proposed bile parking facilities will be eligible for (1) Removal of obstructions as stated project will be considered for inclusion inclusion in a project. in paragraph (p) of this section. in a program. The purpose of the proj­ (m) Landscaping, turfing and erosion (2) Outfall drainage ditches. The ect request is to indicate the Sponsor’s control. Landscaping will not be eligible. correction of any damage resulting from interest in the program and to provide The establishment of turf on graded construction of ditches is an eligible cost. a basis for the programming of funds

\ Tuesday, September 29, 1959 FEDERAL REGISTER 7823 available under the Act. The informa­ tative allocations may be made for more Interested persons have been afforded tion requested in Form FAA-1623 will be than one fiscal year: Provided, however, an opportunity to participate in the accepted in lieu of that form when sub­ That Grant Offers may be made against making of the rules herein adopted, and mitted by other means. The request such tentative allocations only during due consideration has been given to all will be considered only as* a preliminary the fiscal year in which funds are au­ relevant matter presented. notice of the Sponsor’s intent, without thorized for obligation. Advance pro­ In consideration of the foregoing, and obligating it) to perform any work or graming will, as a general rule, bé made pursuant to the authority delegated to expend any funds. Acceptance of the only for development which must be me by the Administrator (24 F.R. 4530) request does not imply that the proposed wholly completed to provide a usable Parts ^600 and 601 (14 CFR, 1958 Supp., project will be included in the program. facility. Parts 600,n601) are amended as follows: (2) When cosponsors of an airport are This amendment shall become effective 1. Section 600.231 Red Federal airway not located in the same district, a joint upon the date of its publication in the No. 31 (Cheyenne, Wyo., to La Crosse, Wis.). is revoked. request for Federal aid should be sub­ F ederal R egister. mitted to the District Airport Engineer 2. Section 601.231 Red Federal airway of the district in which the airport de­ (Secs. 1-15, 60 Stat. 170-178, as amended; No. 31 control areas (Cheyenne, Wyo., to velopment is proposed. 49 UJ5.C. 1101-1114) f La Crosse, Wis.). is revoked. (c) Project evaluation and priority of Issued in Washington, D.C., on Sep­ 3. Section 601.4231 Red Federal airway work. (1) In development of the annual tember's, 1959. No. 31 (Cheyenne, Wyo., to La Crosse, Federal-aid Airport Program, each pro­ E. R. Quesada, Wis.). is revoked. posed airport project is broken down to Administrator. These amendments shall become effec­ show the logical increments of work, to­ [F.R. Doc. 59-8071; Filed, Sept. 28, 1959; tive 0001 e.s.t. November 19, 1959. gether with the amount of Federal funds . 8:45 a.m.] involved in each increment. The relative (Secs. 307(a) and 313(a), 72 Stat. 749, 752; national importance of any item of air­ 49 U.S.C. 1348, 1354) port development is dependent upon (i) Issued in Washington, D.C., on Sep­ the specific nature of the work, and (ii) [Airspace Docket No. 59-WA-12] tember 22,1959. its effect on airport operations from a standpoint of safety, efficiency and con­ [Amdt. 40] George S. Cassady, Acting Director, Bureau of venience. In order to provide a method PART 600— DESIGNATION OF Air Traffic Management. for the comparison of projects, basic FEDERAL AIRWAYS point values are assigned to the various [FJt. Doc. 59-8072; Filed, Sept. 28, 1959; common types of eligible airport develop­ [Amdt. 43] 8:45 a.m.] ment. A separate rating is given to each PART 601 — DESIGNATION OF THE increment of development. General guides have been issued for the use of CONTINENTAL CONTROL AREA, [Airspace Docket No. 59-WA-18] FAA personnel in assigning rating points. CONTROL AREAS, CONTROL [Amdt. 35] ZONES, REPORTING POINTS, AND (2) In order to allow a ““weighing” of PART 600— DESIGNATION OF assigned rating points to reflect the na­ POSITIVE CONTROL ROUTE SEG­ FEDERAL AIRWAYS tional importance of an increment of MENTS development, the more appropriate of [Amdt. 38] the following factors are applied to each Revocation of Federal Airway, Asso­ increment of a proposed project: ciated Control Areas and Desig­ PART 601— DESIGNATION OF THE (i) Safety—development which defi­ nated Reporting Points CONTINENTAL CONTROL AREA, nitely contributes to the safety of oper­ CONTROL AREAS, CONTROL ations. On July 16, 1959, a notice of proposed ZONES, REPORTING POINTS, AND rule-making was published in the F ed­ (ii) Efficiency—development w hich POSITIVE CONTROL ROUTE SEG­ improves or provides for the efficiency of eral R egister (24 F.R. 5723) stating that operations. the Federal Aviation Agency was con­ MENTS (iii) Convenience—development which sidering an amendment to Parts 600 and Revocation of Segment of Federal 601 of the regulations of the Adminis­ primarily provides facilities for the con­ Airway, Associated Control Areas venience of the public and the airport trator which would revoke Red Federal users. airway No. 31, its associated control and Designated Reporting Points (3) Within each State, as a general areas, and designated reporting points On July 18, 1959, a notice of proposed rule, increments will be ranked in de­ from Cheyenne, Wyo., to Huron, S. Dak., rule-making was published in the F ed­ scending order of priority. Within the and from Minneapolis, Minn., to La eral R egister (24 F.R. 5760) stating that limits of contractual authority appor­ Crosse, Wis. the Federal Aviation Agency was consid­ tioned for projects in that State, project As stated in the notice, Red Federal ering an amendment to §§ 600.259, increments will be programmed in pri­ airway No. 31 presently extends from 601.259, and 601.4259 of the regulations ority order. Cheyenne, Wyo., to Huron, S. Dak., and of the Administrator which would re­ (4) Project increments in each State from Minneapolis, Minn., to La Crosse, voke the segment of Red Federal airway which cannot be programmed from State Wis. An IFR Airway Traffic Peak-Day No. 59 and its associated control areas apportionments will be ranked in de­ Survey for each half of the calendar year between Garden City, Kans., and Gage, scending order of national priority and 1958, showed aircraft movements on the Okla. will be programmed in priority order segments from Cheyenne, Wyo., to As stated in the notice, Red Federal within the limits of the Discretionary Philip, S. Dak., as four and one respec­ airway No. 59 presently extends from Fund. tively; Philip, S. Dak., to Pierre, S. Dak., Garden City, Kans., to Oklahoma City, (5) Equitable maximum sums may be zero and two respectively; Pierre, S. Dak., Okla., via Gage, Okla. An IFR Airway established as a limitation of the amount to Huron, S. Dak., zero and four respec­ Traffic Peak-Day Survey for each half to be allocated to any one airport. tively; Minneapolis, Minn., to La Crosse, of the calendar year 1958 showed zero (6) In all instances the views of the Wis., zero and two respectively. On the and one aircraft movements, respec­ State aviation agency regarding a bal­ basis of this survey, it appeared that the tively, for the segment from Garden City, anced program of all types of airports retention of this airway, and its associ­ Kans., to Gage Okla. On the basis of will be solicited and considered in de­ ated control areas was unjustified as an this survey, it appeared that the reten­ veloping annual programs. assignment of airspace and that revoca­ tion of the above segment of this airway (d) Advance programing. In cases tion thereof would be in the public and its associated control area was un­ where fund limitations do not permit an interest. Coincident with this action, justified as an assignment of airspace entire eligible useful unit of development the designated reporting points associ­ and that revocation thereof would be in to be programed in one fiscal year, and ated with Red Federal airway No. 31 will the public interest. Coincident with this in cases of large units of development be revoked. action, the designated reporting point, which lend themselves to financing over a No comments were received regarding associated with Red Federal airway Nov period of more than one fiscal year, ten­ the proposed amendments. 59 will be revoked. 7824 RULES AND REGULATIONS

No adverse comments were received re­ erai R egister (24 F.R. 6007) stating that 601.6614. and 601.8001 of the regulations garding the proposed amendments. the Federal Aviation Agency was consid­ of the Administrator, is to modify VOR Interested persons have been afforded ering an amendent to Parts 600 and 601 Federal airways No. 1512 and 1514 be­ an opportunity to participate in the mak­ of the regulations of the Administrator tween Kansas City, Mo., and Terre ing of the rules herein adopted, and due which would revoke Red Federal airway Haute, Ind., by revoking the south alter­ consideration has been given to all No. 96, its associated control areas, and nates of Victor 1512 and 1514 and re­ relevant matter presented. designated reporting points from Lake designating Victor 1514 over the same; In consideration of the. foregoing, and Charles, La., to Baton Rouge, La. airspace as occupied by the south alter­ pursuant to the authority delegated to As stated in the notice, Red Federal nates. me by the Administrator (24 P.R. 4530) airway No. 96 presently extends from Presently Victor 1512 and Victor 1514 § 600.259 (14 CFR, 1958 Supp., 600.259) Lake Charles, La., to Baton Rouge, La., occupy identical airspace, as does Vic­ and §§ 601.259, 601.4259 (14 CFR, 1958 An IFR Airway Traffic Peak-Day Survey tor 15J2S and 1514S between Kansas Supp., 601.259, 601.4259, 24 F.R. 705) are for each half of the calendar year 1958 City, Mo., and Terre Haute, Ind. In amended as follows: showed zero aircraft movement on this order to simplify the airway numbering 1. Section 600.259 Red Federal airway airway. On the basis of this survey, it of the intermediate route structure be­ No. 59 (Garden City, Kans., to Oklahoma appeared that retention of this airway, tween Kansas City, Mo., and Terre City, Okla.): and its associated control areas, was un­ Haute, Ind., Victor 1514 will be redesig­ a. In the caption delete “ (Garden City, justified as an assignment of airspace nated from its present route to the south Kans., to Oklahoma City, Okla.)" and and that revocation thereof would be in alternate route and the alternate airway substitute therefor “(Gage, Okla., to the public interest. Coincident with this numbers will be deleted from the descrip­ Oklahoma City, Okla.) ”, action, the designated reporting points tion of Victor 1512 and Victor 1514. The b. In the text delete “Garden City, associated with Red Federal airway No. control areas associated with VOR Fed­ Kans., radio range station via the inter­ 96 will be revoked. eral airways No. 1512 and 1514 are being section of the south course of the Garden No comments were received regarding redesignated to conform to the modified City, Kans., radio range and the north­ the proposed amendments. airways. With the revocation of the west course of the Gage, Okla., radio Interested persons have been afforded south., alternate of VOR Federal airway range.” * an opportunity to participate in the mak­ No. 1512, the positive control route seg­ 2. Section 601.259 Red Federal airway ing of the rule herein adopted, and due ment associated. therewith would no No. 59 control areas (Garden City, Kans., consideration has been given to all longer continue in effect. Thus, since to Oklahoma City, Okla.): In the caption relevant matters presented. it is desired to retain the positive control delete “(Garden City, Kans., to Okla­ In consideration of the foregoing, and route designation for this segment, the homa City, Okla.) ” and substitute there­ pursuant to the authority delegated to positive control route designation for for “(Gage, Okla., to Oklahoma City, me by the Administrator (24 F.R. 4530) VOR Federal airway No. 1514 will be Okla.) ”. , Parts 600 and 60i (14 CFR, 1958 Supp., amended from Pittsburgh, Pa., to Colts 3. Section 601.4259 Red Federal airway Parts 600, 601) are amended as follows; Neck, N.J., to Kansas City, Mo., to Colts No. 59 (Garden City, Kans., to Oklahoma 1. Section 600.296 Red Federal airway Neck, N. J. City, Okla.): No. 96 (Lake Charles, La., to Baton Since this amendment does not impose a. In the caption delete “ (Garden City, Rouge, La.) is revoked. a burden on the public, compliance with Kans., to Oklahoma City, Okla.) ” and 2. Section 601.296 Red Federal airway the notice, public procedure, and effec­ substitute therefor “(Gage, Okla., to No. 96 control areas (Lake Charles, La., tive date requirements of section 4 of Oklahoma City, Okla.) ”. to Baton Rouge, La.) is revoked. the Administrative Procedure Act is un­ b. In the text delete “Garden City, 3. Section 601.4296 Red Federal airway necessary. Kans., RR” and substitute therefor “No No. 96 (Lake Charles, La., to Baton In consideration of the foregoing, and reporting point designation.” Rouge, La.) is revoked. pursuant to the authority delegated to me by the Administrator, (24 F.R. 4530) These amendments shall become effec­ These amendments shall become effec­ §§ 600.6612 and 600.6614 (14 CFR, 1958 tive 0001 e.s.t. November 19, 1959. tive 0001 e.s.t. November 19,1959. Supp., 600.6612, 600.6614, 23 F.R. 10340, (Secs. 307(a) and 313(a), 72 Stat. 749, 752; (Secs. 307(a) and 313(a), 72 Stat. 749, 752; 24 F.R. 793, 24 F.R. 1285, 24 F.R. 2230, 49 U.S.C. 1348, 1354) 49 U.S.C. 1348, 1354) 24 F.R. 3871) and §§ 601.6612, 601.6614 Issued in Washington, D.C., on Sep­ Issued in Washington, D.C., on Sep­ and 601.8001 (14 CFR, 1958 Supp., tember 22, 1959. tember 22,1959. 601.6612, 601.6614 and 601.8001, 24 F.R. 3874) are amended as follows: George S. Cassady, G eorge S. Cassady, 1. Section 600.6612 VOR Federal air­ Acting Director, Bureau of Acting Director, Bureau of way No. 1512 (L6s Angeles, Calif., to New Air Traffic Management. Air Traffic Management. York, N.Y.): In the text delete “includ­ [F.R. Doc. 59-8073; Filed, Sept. 28, 1959; [F.R. Doc. 59-8074; Filed, Sept. 28, 1959; ing a south alternate from the Kansas 8:45 a.m.] 8:45 a.m.] City, Mo.^ VOR to the Terre Haute, Ind., VOR via the Marshall, Mo., VORTAC, the Columbia, Mo., VOR, the St. Louis, Mo., VOR and the Vandalia, 111., VOR;”. [Airspace Docket No. 59-WA-191] [Airspace Docket No. 59-WA-19] 2. Section 600.6614 VOR Federal air­ [Amdt. 37] way No. 1514 (San Francisco, Calif., to [Arndt. 38] New York, N.Y.): In the text delete “Ma­ PART 600— DESIGNATION OF PART 600— DESIGNATION OF con, Mo., omnirange station; Quincy, 111., FEDERAL AIRWAYS FEDERAL. AIRWAYS VOR; 'Springfield, 111., VOR; Decatur, [Amdt. 42] 111., VOR; Terre Haute, Ind., VOR; in­ [Amdt. 41] * cluding a south alternate from the Kan-' PART 601— DESIGNATION OF THE PART 601— DESIGNATION OF THE sas City, Mo., VOR to the Terre Haute, CONTINENTAL CONTROL AREA, CONTINENTAL CONTROL AREA, Ind., VOR via the Marshall, Mo., CONTROL AREAS, CONTROL VORTAC, the Columbia, Mo., VOR, the CONTROL AREAS, CONTROL St. Louis, Mo., VOR and the Vandalia, ZONES, REPORTING POINTS, AND ZONES, REPORTING POINTS, AND 111., VOR;” and substitute therefor POSITIVE CONTROL ROUTE SEG­ POSITIVE CONTROL ROUTE SEG­ “Marshall, Mo., VORTAC; Columbia Mo., MENTS MENTS VOR; St. Louis, Mo., VOR; Vandalia, Revocation of Federal Airway, Asso­ Modification of Federal Airway Asso­ 111., VOR; Terre Haute, Ind., VOR;”. 3. Section 601.6612 VOR Federal air­ ciated Control Areas and Desig­ ciated Control Areas and Positive way No. 1512 control areas (Los Angeles, nated Reporting Points Control Route Segments Calif., to New York, N.Y.): In the text On July 28, 1959, a notice of proposed The purpose of this amendment to delete “but excluding the airspace be- rule-making was published in the F ed- §§ 600.6612, 600.6614 and 601.6612, . tween the main airway and its south al-. T u esday, Septem ber 29, 1959 FEDERAL REGISTER 7825 ternate between the Kansas City, Mo., vey, it appeared that the retention of this eral R egister (24 F.R. 6166) stating that omnirange station and the Indianapolis, airway, and its associated control areas, the Federal Aviation Agency was con­ Ind., omnirange station". was unjustified as an assignment of air­ sidering an amendment to §§ 600.606, 4. Section 601.6614 VOR Federal air­ space and that revocation thereof would 601.606 and 601.4606* of the regulations way No. 1514 control areas (San Fran­ be in the public interest. Coincident of the Administrator that would revoke cisco, Calif., to New York, N.Y.): In the with this action, the designated report­ the segments of Blue Federal airway No. text delete “but excluding the airspace ing points associated with Red Federal 6, and their associated control areas, between the main airway and its south airway No. 28 will be revoked. from Springfield, 111., to Peoria, 111., and alternate between the Kansas City, Mo., Written comment concerning the pro­ from North Liberty, Ind., to Benton omnirange station and Indianapolis, posed amendment was favorable except Harbor, Mich. Ind., omnirange station”. for one. An air carrier which schedules As stated in the notice, Blue Federal 5. In § 601.8001 Positive control route flights from Chicago, 111., to Grand airway No. 6 presently extends from segments, amend VOR Federal airway Rapids, Mich., and from Lansing, Mich., Springfield, 111., to Peoria, 111., and from No. 1512 (Los Angeles, Calif., to New to Detroit, Mich.\ has a number of air­ North Liberty, Ind., to Muskegon, Mich. York, N.Y.) (.see § 600.6612 of this chap­ craft not yet equipped with dual VOR An IFR Airway Traffic Peak-Day Survey ter), by deleting all after “Colts Neck, receivers. These aircraft rely on Red for each half of the calendar year 1958, N.J., VOR.” '? Federal airway No. 28 as an alternate showed aircraft movements for segments 6. In § 601.8001 Positive control route route in event of VOR receiver failure. of the airway from Springfield, HI., to segments, VOR Federal airway No. 1514 The air carrier plans to have dual VOR Peoria, 111., as zero and three movements (San Francisco, Calif., to New York, receivers installed'in all of its aircraft respectively; North Liberty, Ind., to N.Y.) (see % 600.6614 of this chapter)., by Dec. 31, 1959. A request was made in South Bend, Ind., four and zero move­ delete the text in its entirety and sub­ behalf of this air carrier to retain Lied ments respectively; South Bend, Ind., to stitute therefor “The portion of VOR Federal airway No. 28 or delay revoca­ Benton Harbor, Mich., zero movements. Federal airway No. 1514 from Kansas tion until Jan. 1, 1960. In consideration On the basis of this survey, it appeared City, Mo., VOR to the Colts Neck, N.J., of this request, revocation of Red Fed­ that the retention of these airway seg­ VOR.” eral airway No. 28 is being delayed until ments and their associated control areas Jan. 14, 1960. > was unjustified as an assignment of air­ These amendments shall become effec­ Interested persons have been afforded space and that revocation thereof would tive 0001 e.s.t., November 19, 1959. an opportunity to participate in the be in the public interest. Such, revoca­ (Secs. 307(a) and 313(a), 72 Stat. 740, 752; making of the rules herein adopted, and tion would result in Blue Federal airway 49 U.S.C. 1348, 1354) due consideration has been given to all No. 6, and its associated control areas, Issued in Washington, D.C., on Sep­ relevant matter presented. extending from Bangor, Mich., to Mus­ tember 22, 1959. In consideration of the foregoing, and kegon, Mich. In addition, it would be pursuant to the authority delegated to necessary to amend the caption to G eorge S. Cassady, me by the Administrator (24 F.R. 4530) § 601.4606, relating to the associated des­ Acting Director, Bureau of Parts 600 and 601 (14 CFR, 1958 Supp. ignated reporting points. Air Traffic Management.” Farts 600, 601) are amended as follows; No adverse comment was received re­ [F.R. Doc. 59-8076; Filed, Sept. 28, 1959; 1. Section 600.228 Red Federal airway garding the proposed amendments. 8:46 a.m.] No. 28 (Chicago, III., to Detroit, Mich.). Interested persons have been afforded is revoked. an opportunity to participate in the 2. Section 601.228 Red Federal airway .making of the rules herein adopted, and No. 28 control areas (Chicago, III., to De­ due consideration has been given to all [Airspace Docket No. 59-KC-19] troit, Mich.), is revoked. relevant matter presented. [Amdt. 41] 3. Section 601.4228 Red Federal airway In consideration of the foregoing, and No. 28 (Chicago, III., to Detroit, Mich.). pursuant to the authority delegated to PART 600— DESIGNATION OF is revoked. me by the Administrator (24 F.R. 4530) FEDERAL AIRWAY These amendments shall become ef­ § 600.606 (14 CFR, 1958 Supp., 600.606), [Arndt. 46] fective 0001 e.s.t. January 14, 1960. and §§ 601.606 and 601.4606 (14 CFR, (Secs.J307(a) and 313(a), 72 Stat. 749, 752; 1958 Supp., 601.606, 601.4606), are PART 601— DESIGNATION OF THE 49 U.S.C. 1348,1354.) amended as follows: CONTINENTAL CONTROL AREA, 1. Section 600.606 Blue Federal airway Issued in Washington, D.C., on Sep­ No. 6 (Springfieldf III., to Muskegon, CONTROL AREAS, CONTROL tember 22,1959. M ich.): ZONES, REPORTING POINTS, AND G eorge S. Cassidy, a. In the caption delete " (Springfield, POSITIVE CONTROL ROUTE SEG­ Acting Director, Bureau of IH., to Muskegon, Mich.)" and substitute MENTS Air Traffic Management. therefor "(Bangor, Mich., to Muskegon, [F.R. Doc. 59-8077; Filed, Sept. 28, 1959; Mich.).” Revocation of Federal Airway, Asso­ 8:46 a.m.] b. In the text delete “From the Spring- ciated Control Areas and Desig­ field, 111., RR to the Peoria, 111., RR. nated Reporting Points From the INT of the west course of the [Airspace Docket No. 59-WA-16] Goshen, Ind., RR and the south course On July 31, 1959, a notice of proposed [Amdt. 43] of the South Bend, Ind., RR via the South rule-making was published in the F ed­ Bend, Ind., RR to the INT of the north eral R egister (24 F.R. 6165) stating that PART 600— DESIGNATION OF course of the South Bend, Ind., RR and the Federal Aviation Agency was consid­ FEDERAL AIRWAYS the northeast course of the Chicago, ering an amendment to Parts 600 and 601 111., RR.”. of the regulations of the Administrator [Amdt. 47] 2. Section 601.606 Blue Federal airway which would revoke Red Federal airway No. 6 control areas (Springfield, III., t6 No. 28 and its associated control areas, PART 601— DESIGNATION OF THE CONTINENTAL CONTROL AREA, Muskegon, Mich.): In the caption delete and designated reporting points from “(Springfield, III., to Muskegon, Mich.)." Chicago, 111., to Grand Rapids, Mich., CONTROL AREAS, CONTROL and substitute therefor "(Bangor, Mich., and from Lansing, Mich., to Detroit, ZONES, REPORTING POINTS, AND to Muskegon, Mich.)." Mich. ' . *, POSITIVE CONTROL ROUTE SEG­ 3. Section 601.4606 Blue Federal air­ As stated in the notice, Red Federal MENTS way No. 6 (Springfield, III., to Muskegon, airway No. 28 presently extends from M ich.): In the caption delete "(Spring- Chicago, 111., to Grand Rapids, Mich., and Revocation of Segments of Federal field, III., to Muskegon, Mich.).” and sub­ from Lansing, Mich., to Detroit, Mich. Airway, Associated Control Areas stitute therefor "(Bangor, Mich., to An IFR Airway Traffic Peak-Day Sur­ Muskegon, Mich.).” vey for each half of the calendar year and Designated Reporting Points 1958 showed only 13^ aircraft movements On July 31, 1959, a notice of proposed These amendments shall become ef­ on this airway. On the basis"of this sur­ rule-making was published in the Fed­ fective 0001 e.s.t. November 19, 1959.

\ 7826 RULES AND REGULATIONS (Secs. 307(a) and 313(a), 72 Stat. 749, 752; 3. Section 601.4267 Red Federal air­ This amendment shall become ef­ 49 U.S.C. 1348, 1354) way No. 67 (Crestview, Fla., to Atlanta, fective 0001 e.s.t. November 19, 1959. Issued in Washington, D.C., on Sep­ Ga.). is revoked. (Sec. 307(a) and 313(a), 72 Stat. 749, 752;* tember 22, 1959. * These amendments shall be effective 49 U.S.C. 1348, 1354) George S. Cassady, 0001 e.s.t. November 19,1959. Issued in Washington, D.C., on Sep­ Acting Director, Bureau of (Secs. 307(a) and 313(a), 72 Stat. 749, 752; tember 22,1959. 49 U.S.C. 1348, 1354) Air Traffic Management. George S. Cassady, [F.R. Doc. 59-8079; Filed, Sept. 28, 1959; Issued in Washington, D.C., on Sep­ Acting Director, Bureau of 8:46 a.m.]_ tember 22, 1959. Air Traffic Management. G eorge S. Cassady, [F.R. Doc. 59-8075; Filed, Sept. 28, 1959; Acting Director, Bureau of 8:46 a.m.] [Airspace Docket No. 59-WA-198] Air Traffic Management. [Arndt. 49] [F.R. Doc. 59-8082; Filed, Sept. 28, 1959; 8:47 a.m.] PART 600— DESIGNATION OF [Airspace Docket No. 59-LA-16] FEDERAL AIRWAYS [Amdt. 40] [Arndt. 53] [Airspace Docket No. 59-WA-50] PART 601— DESIGNATION OF THE PART 601— DESIGNATION OF THE [Arndt. 45] CONTINENTAL CONTROL AREA, CONTINENTAL CONTROL AREA, PART 601— DESIGNATION OF THE CONTROL AREAS, CONTROL CONTROL AREAS, CONTROL CONTINENTAL CONTROL AREA, ZONES, REPORTING POINTS, AND ZONES, REPORTING POINTS, AND CONTROL AREAS, CONTROL POSITIVE CONTROL ROUTE SEG­ POSITIVE CONTROL ROUTE SEG­ ZONES, REPORTING POINTS/AND MENTS MENTS POSITIVE CONTROL ROUTE SEG­ Modification of. Control Zone Revocation of Federal Airway, Asso­ MENTS ciated Control Areas and Desig­ The purpose of this amendment is to Establishment of Control Zone modify the Colorado Springs, Colo., con­ nated Reporting Points On August 1, 1959, a notice of pro­ trol zone for aircraft arriving and de­ The purpose of these amendments to posed rule-making was published in the parting the Peterson Municipal Airport, by revoking § 601.2045 and amending Parts 600 and 601 of the regulations of F ederal R egister (24 F.R. 6203) stating the Administrator is to revoke Red Fed­ that the Federal Aviation Agency was § 601.1984. eral airway No. 67 from Crestview, Fla., considering an amendment to Part 601 of The control zone at Colorado Springs, to Columbus, Ga., together with its as­ the regulations of the Administrator Colo., is presently designated as within sociated control areas and designated that would establish a control zone a five mile radius of Peterson Municipal reporting points. within a five mile radius of the Mu­ Airport and within two miles either side Red Federal airway No. 67 presently nicipal Airport, Athens, Ga., with ex­ of a line bearing 180° True to a point extends from Crestview, Fla., to Colum­ tensions to the east and southwest. fifteen miles south of the airport. The bus, Ga. An IFR Airway Traffic Peak- As stated in the notice, approximately instrument approach procedures for Day Survey for each half of the calendar one hundred instrument approaches Peterson Municipal Airport, which are year 1958, shows aircraft movements as were recorded in calendar year 1958. from the south, prohibit aircraft from three and four, respectively, for the seg­ Presently no control zone is designated descending below one thousand feet ment of this airway from Crestview to at this location. VOR instrument ap­ above the terrain until inbound and past Dothan, Ala., and one and one, respec­ proach procedures presently exist for the outer marker of the instrument land­ tively, for the segment from Dothan to runways two and twenty-seven at ing system for the airport. The outer Columbus. On the basis of this survey, Athens, Ga., Municipal Airport. These marker is located at the edge of the five it appears that the retention of this air­ procedures are based on the Athens VOR mile radius zone. A portion of Amber way, and its associated control areas» is located on the airport. On the basis of Federal airway No. 3, and its associated unjustified as an assignment of airspace this information it appeared desirable control areas completely overlies the and. that revocation thereof will be in the to establish a control zone within a five southerly extension of the control zone. public interest. Coincident with this mile radius of the. airport, with exten­ Thus even without the extension, air­ action, the section relating to the re­ sions to the east and southwest. This craft utilizing the instrument approach porting points for this airway will be would provide controlled airspace for procedures for the airport would be revoked. aircraft conducting instrument ap­ within controlled airspace.' It appears, This action has been, coordinated with proaches to the airport. therefore, that a control zone extension the Army, the Navy, and the Air Force, No adverse comments were received beyond the five mile radius of the airport and interested civil aviation organisa­ regarding this amendment. is unnecessary for the safety of aircraft. tions. Accordingly, compliance with the Interested persons have been afforded Accordingly, it further appears the re­ Notice, and public procedures provisions an opportunity to participate in the tention of the extension to the south is of section 4 of the Administrative Pro­ making of the rule herein adopted, and not justified as an assignment of air­ cedure Act haye, in effect, been complied due consideration has been given to all space, and the revocation thereof would with. However, since it is necessary that, relevant matter presented. be in the public interest. If such action sufficient time be allowed to permit ap-» In consideration of the foregoing, and is taken the Colorado Springs, Colo., propriate changes to be made on aero­ pursuant to the authority delegated to control zone would include only that air­ nautical charts, these arhendments will me by the Administrator (24 F.R. 4530) space within a five mile radius of Peter­ become effective more than 30 days after Part 601 (14 CFR,.1958, supp., Part 601) son Municipal Airport. publication. is amended by adding the following sec­ Since this amendment reduces a bur­ In consideration of the foregoing, and tion: den on the public, compliance with the pursuant to the authority delegated to Notice, "public procedure and effective me by the Administrator (24 F.R. 4530) § 601.2452 Athens, Ga., control zone* date requirements of section 4 of the Parts 600 and 601 (14 CFR, 1958 Supp., Within a five-mile radius of Athens, Administrative Procedure Act is unnec­ Parts 600, 601), are amended,as follows: Ga., airport; within two miles either side essary. 1, Section 600.267 Red Federal airway of the 078° radial of the Athens, Ga\, In consideration of the foregoing, and No. 67 (Crestview, Fla., to Columbus, VOR extending from the VOR to a point pursuant to the authority delegated to Ga.). is revoked. 12 miles east; within two miles either me by the Administrator (24 F.R. 4530) 2. Section 601.267 Red Federal airway side of the 194* radial of the Athens, §§ 601.2045 and 601.1984 (14 CFR, 1958 No. 67 control areas (Crestview, Fla., to -Ga., VOR, extending from the VOR to a Supp., 601.2045,- 601.1984) are amended CoUimbus, Ga.). is revoked. point 12 miles southwest. as follows: T uesday, Septem ber 29, 1959 FEDERAL REGISTER 7827

1. Section 601.2045 Colorado Springs, Interested persons have been afforded tions under weather conditions of less Colo., control zone, is revoked. an opportunity to participate in the mak­ than VFR. The Federal Aviation Agency 2. In § 601.1984 Five-mile radius zones, ing of the rule herein adopted, and due feels that the procedures for control of add, “Colorado Springs, Colo.: Peterson consideration has been given to all rele­ air traffic in the Long Beach, Los Ala­ Municipal Airport.” vant matter presented. mitos, Fullerton complex will continue to In consideration of the foregoing, and assure equitable handling of Los Ala­ This amendment shall become effec­ pursuant to the authority delegated to mitos traffic after the Fullerton control tive 0001 e.s.t. November 19, 1959. me by the Administrator (24 F.R. 4530) zone is established. (Secs. 307(a) and 313(a), 72 Stat. 749, 752; Part 601 (14 CFR, 1958 Supp., l^irt 601) Interested persons have been afforded 49 U.S.C. 1348, 1354) is amended by adding the following an opportunity to participate in the Issued in Washington, D.C., on Sep­ section: making of the rules herein adopted, and tember 22, 1959. due consideration has been given to all § 601.2385 Anniston, Ala., control zone. relevant matter presented. G eorge S. Cassady, Within a five-mile radius of the Anni­ In consideration of the foregoing, and Acting Director, Bureau of ston, Ala., Municipal Airport, excluding pursuant to the authority delegated to Air Traffic Management. the portion which overlaps restricted me by the Administrator (24 F.R. 4530) [F.R. Doc. 59-8078; Filed, Sept. 28, 1959; area (R-130) and within two miles either Part 601 (14 CFR, 1958 Supp., Part 601) 8:46 a.m.] side of a line bearing 232° extending is amended by adding the following from Anniston, Ala., RBN to a point 12 section: miles southwest. § 601.2458 Fullerton, Calif., control [Airspace Docket No. 59-WA-49] This amendment shall become effective zone. 0001 e.s.t., November 19,1959. [Arndt. 44] ... Within a three-mile radius of the (Secs. 307(a) and 313(a), 72 Stat. 749, 752; Fullerton, Calif., Airport,* excluding that PART 601— DESIGNATION OF THE 49 U.S.C. 1348, 1354) portion which overlaps the Long Beach, CONTINENTAL CONTROL AREA, Issued in Washington, D.C., on Sep­ Calif., control zone. CONTROL AREAS, CONTROL tember 22, 1959. This amendment shall become effec­ ZONES, REPORTING POINTS, AND George S. Cassady, * tive 0001 e.s.t. November 19, 1959. POSITIVE CONTROL ROUTE SEG­ Acting Director, Bureau of (Secs. 307(a) and 313(a), 72 Stat. 749, 752; MENTS Air Traffic Management. 49 U.S.C. 1348, 1354) Establishment of Control Zone [F.R. Doc. 59-8080; Filed, Sept. 28, 1959; Issued in Washington, D.C., on Sep­ 8:46 a.m.] tember 22, 1959. On August 1,1959, a Notice of Proposed George S. Cassady, Rule-Making was published in the F ed­ Acting Director, Bureau of eral R egister (24 F.R. 6203) stating that Air Traffic Management. the Federal Aviation Agency was con­ [Airspace Docket No. 59-WA-57] sidering an amendment to Part 601 of the [Arndt. 49] [F.R. Doc. 59-8081; Filed, Sept. 28, 1959; regulations of the Administrator that 8:46 a.m.] would establish a control zone within a PART 601— DESIGNATION OF THE five-mile radius of the Municipal Airport, CONTINENTAL CONTROL AREA, Anniston, Ala., with an extension to the CONTROL AREAS, CONTROL Title 29— LABOR southwest. ZONES, REPORTING POINTS, AND As stated in the notice, no control zone POSITIVE CONTROL ROUTE SEG- Chapter IV— Bureau of Labor-Man­ is designated at this location. A sched­ agement Reports, Department of uled air carrier has recently inaugurated - MENTS Labor service into Anniston, consisting of two Establishment of Control Zotie flights daily. An ADF Standard Instru­ PART 401— MEANING OF TERMS ment Approach Procedure has been On August 1,1959, a notice of proposed established to provide approaches to the rule-making was published in the F ed­ USED IN THIS CHAPTER Municipal Airport, Anniston, Ala., to be eral R egister (24 F.R. 6203) stating PART 408— LABOR ORGANIZATION effective October 17, 1959. The pro­ that the Federal Aviation Agency was TRUSTEESHIP REPORTS cedure is based on the Anniston Radio considering an amendment to Part 601 Beacon located on the airport. On the of the regulations of the Administrator Section 301(a) of the Labor-Manage­ basis of this information, it appeared de­ that would establish a control zone within ment Reporting and Disclosure Act of sirable to establish a control zone to pro­ a three-mile radius of the Fullerton, 1959 (Public Law 86-257; 73 Stat. 519), vide controlled airspace for aircraft con­ Calif., Airport, excluding that portion requires that every labor organization, ducting instrument approaches to this which would overlie the Long Beach, which has or assumes trusteeship over airport by designating a control zone Calif., control zone. any subordinate labor organization, shall within a five mile radius of the airport, As stated in the notice, the Fullerton file reports with the Secretary of Labor, with an extension to the southwest. Airport is in a high density air traffic signed by its President and Treasurer, or It should be noted that the action pro­ area and is located in close proximity corresponding principal officers, and by posed in the Notice incorrectly described to the Long Beach Airport, Long Beach, the trustees of such subordinate labor the extension to the southwest as 10 Calif., and the Naval Air Station, Los organization, containing specified in­ miles. This is hot sufficient controlled Alamitos, Calif. Presently no control formation, including financial condition, airspace in which to perform the instru­ zone is designated for this airport. In relating to the trusteeship and its ante­ ment approach procedure, therefore, the order to effectively control air traffic in cedents. control zone extension will extend 12 „,this complex, it appeared desirable to Section 301(b) of the Act incorporates miles. designate a control zone within a three- and renders applicable the provisions of Written comments concerning the pro­ mile radius of the Fullerton, Calif., Air­ its section 208, which authorizes the Sec­ posed amendment were generally favor­ port, excluding that portion which would retary, among other things, to prescribe able, except for one. The Department overlap the Long Beach, Calif., control the form and publication of the reports of the-Army objected to the control zone zone. required to be filed by section 301(a). because the five-mile radius overlapped Written comment concerning the pro­ The regulation hereinafter provided is the Fort McClelland Restricted Area posed amendment was generally favor­ designed to carry out these statutory R-130. The control zone will be desig­ able. While the U.S. Navy did not ob­ provisions with respect to the filing and nated within a five-mile radius of the ject to the amendment, they did express publication of the reports required by Anniston Municipal Airport excluding concern over the possibility that their section 301(a). There is also provided the portion which overlaps Restricted operation into Los Alamitos NAS may an antecedent regulation containing the Area R-130. be curtailed by Fullerton Airport opera­ meaning of terms used in regulations 7828 RULES AND REGULATIONS

under this chapter, including the report­ relating to the employment of any em­ ployers engaged in an industry affecting ing regulation above mentioned. ployees or (b) which may deal with any commerce; or Therefore, pursuant to section 4 of the labor, organization concerning griev­ (c) Has chartered a local labor organ­ Administrative Procedure Act (60 Stat. ances, labor disputes, wages, rates of ization or subsidiary body which is re­ 238, 5 U.S.C. 1003), and under authority pay, hours of employment, or conditions ' presenting or a cjt i v e 1 y seeking to of section 301(a), (b) and section 208 of of work, and includes any person acting represent employees of employers within the Labor-Management Reporting .and directly or indirectly as an employer or the meaning of paragraph (a) or (b) Disclosure Act of 1959 (Public Law 86- as an agent of an employer in relation of this section; of 257; 73 Stat. 519), and R.S. 161 (5 U.S.C. to an employee but does not include the (d) Has been chartered by a labor 22), Title 29, Code of Federal Regulations United States or any corporation wholly organization representing or actively is hereby amended by adding a new owned by the Government of the United seeking to represent employees within Chapter IV to read as follows: States or any State or political subdivi­ the meaning of paragraph (a) or (b> of Sec. sion thereof. this section as the local or subordinate 401.1 Commerce. § 401.6 Employee. body through which such employees may 401.2 State. enjoy membership or become affiliated 401.3 Industry affecting commerce. “Employee” means any individual em­ with such labor organization; or 401.4 Person.^ ployed by an employer, and includes any (e) Is a conference, general commit­ 401.5 Employer. individual whose work has ceased as a tee, joint or system board, or joint coun­ 401.6 Employee. 401.7 Labor dispute. consequence of, or in connection with, cil, subordinate to a national or inter­ 401.8 Trusteeship. any current labor dispute -or because of national labor organization, which in­ 401.9 Labor organization. any unfair labor practice or because of cludes a labor organization engaged in 401.10' Labor organization engaged in an exclusion or expulsion from a labor or­ an industry affecting commerce within industry affecting commerce. ganization in any manner or for any the meaning of any of the preceding 401.11 Secret ballot. v ■ reason inconsistent with the require­ paragraphs of this section, other than a 401.12 Trust in which a labor organization ments of this Act. State or local central body. is interested. 401.13 Labor relations consultant. § 401.7 Labor dispute. §401.11 Secret ballot. 401.14 Officer. “Labor dispute” includes any contro­ 401.15 Member or member in good standing. “Secret ballot” means the expression 401.16 Secretary. versy concerning terms, tenure, or con­ by ballot, voting machine, or otherwise, 401.17 Act. ditions of employment, or concerning the but in no event by proxy, of a choice with 401.18 Bureau. association or representation of persons respect to any election or vote taken upon in negotiating, fixing, maintaining, Authority: §§ 401.1 to 401.18 issued under any matter, which is cast in such a secs. 208, 401 (i), 402(b), 73 Stat. 519, and -.changing, or seeking to arrange terms manner that the person expressing such R.S. 161, 5 U.S.C. 22. , or conditions of employment, regardless choice cannot be identified with the of whether the disputants stand in the choice expressed. § 401.1 Commerce. proximate relation of employer and employee. § 401.12 Trust in which a labor organi­ “Commerce” means trade, traffic, com­ zation is interested. merce, transportation, transmission, or § 401.8 Trusteeship. communication among the several States “Trust in which a labor organization or between any State and any place out­ “Trusteeship” means any receivership, . is interested” means a trust or other side thereof. trusteeship, or other method of Super­ fund or organization (a) which was vision or control whereby a labor organi­ created or established by a labor organ­ § 401.2 State. zation suspends the autonomy otherwise ization, or one or more of the trustees or “State” includes any State of the available to a subordinate body under its one or more members of the governing United States, the District of Columbia, constitution or bylaws. body of which is selected or appointed Puerto Rico, the Virgin Islands, Ameri­ § 401.9 Labor organization. by a labor organization, and (b) a pri­ can Samoa, Guam, Wake Island, the mary purpose of which is to provide Canal Zone, and Outer Continental Shelf “Labor organization” means, a labor benefits for the members of such labor lands defined, in the Outer Continental organization engaged in an industry af­ organization or their beneficiaries. Shelf Lands Act (43 U.S.C. 1331-1343). fecting commerce and includes any organization of any kind, any agency, § 401.13 Labor relations consultant. § 401.3 Industry affecting commerce. or employee representation committee, “Labor relations consultant” means “Industry .affecting commerce^-means group, association, or plan so engaged any person who, for compensation, ad­ any activity, business, or industry in in which employees participate and vises or represents an employer, em­ commerce or in which a labor dispute which exists for the purpose, in whole ployer organization, or labor organiza­ would hinder or obstruct commerce or or in part, of dealing with employers tion concerning employee organizing, the free flow of commerce and includes concerning grievances, labor disputes, concerted activities, or collective bar­ any activity or industry “affecting com­ wages, rates of pay, hours, or other terms gaining activities. merce” within the meaning1 of the Labor or conditions of employment, and any § 401.14 Officer» Management Relations Act, 1947, as conference, general committee, joint or amended, or the Railway Labor Act, as system board, or joint council so engaged “Officer” means any constitutional amended. which is subordinate to a national or officer, any person authorized to perform international labor organization, other the functions of president, vice president, § 401.4 Person. than a State or local central body. secretary, treasurer, or other executive functions of a labor organization, and “Person” includes one or more individ­ § 401.10 Labor organization engaged in uals, labor organizations, partnerships, any member of its executive board or an industry affecting commerce. similar governing body. associations, corporations, legal repre­ A labor organization shall be deemed sentatives, mutual companies, joint- to be engaged in an industry affecting § 401.15 Member or member in good stock companies, trusts, unincorporated commerce if it— standing. organizations, trustees, trustees in bank­ “Member” or “member in good stand­ ruptcy, or receivers. (a) Is the certified representative of employees under the provisions of the ing”, when used in reference to a labor § 401.5 Employer. National Labor R elation s Act, as organization, includes any person who has fulfilled the requirements for mem­ “Employer’’ means any employer or amended, or the Railway Labor Act, as amended; or bership in such organization, and who any group or association of employers neither has voluntarily withdrawn from engaged in an industry affecting com­ (b) Although not certified, is a na­ membership nor has been expelled or merce (a) which is, with respect to em­ tional or international labor organiza­ suspended from membership after ap­ ployees engaged in an industry affecting tion or a local labor organization propriate proceedings consistent with commerce, an employer within the recognized or acting as the representa­ lawful provisions of the constitution and meaning of any law of the United States tive of employees of an employer or em­ bylaws of such organization. T uesday, S eptem ber 29, 1959 FEDERAL REGISTER 7829

§ 401.16 Secretary. cial condition of the subordinate organi­ is a member in good standing of the bar “Secretary” means the Secretary of zation as of the time the trusteeship was of any State, to include in any report re­ Labor. assumed over it. quired to be filed pursuant to the provi­ § 408.2 Semiannual trusteeship report. sions of section 301 (a) of the Act and § 401.17 Act. of this part any information which was “Act” means the Labor-Management Every labor organization required to lawfully communicated to such attorney Reporting and Disclosure Act of 1959. file an initial report under section 301(a) by any of his clients- in the course of a of the Act and § 408.1, thereafter during legitimate attorney-client relationship. § 401.18 Bureau. the continuance of trusteeship over the § 408.8 Report of officers and employ­ “Bureau” means the Bureau of Labor- subordinate labor organization, shall file ees of labor organizations. Management Reports, United States De­ with the said Bureau semiannually, and partment of Labor. , not later than six months after the due Each trustee of a subordinate labor date of the initial trusteeship report, a organization, authorized to perform, or otherwise performing, executive func­ Sec. semiannual trusteeship report containing 408.1 Initial trusteeship report. the information required by section tions of such organization, shall file with 408.2 Semiannual trusteeship report. 301(a) of the Act and § 408.1, except for the Bureau a report containing the in­ 408.3 Annual trusteeship financial report. the information required by paragraph formation required by section 202 of the 408.4 Personal responsibility of signatories (e) of this section of each relating to the Act and Part 404 of this chapter, except of reports. financial condition of the subordinate as otherwise therein provided. 408.5 Maintenance and retention of records. organization as of the time trusteeship 408.6 Dissemination and verification of re­ § 408.9 Publication of reports required ports. . was assumed over it. by this part. 408.7 Attorney-client communications ex­ § 408.3 Annual trusteeship financial Inspection and examination of any re­ empted. report. port or other document filed as required 408.8 Report of officers and employees of by section 301(a) of the Act and of the labor organizations. During the continuance of a trustee­ provisions of this part, and the furnish­ 408.9 Publication of reports required by this ship, the labor organization which has part. ing by the Bureau of copies thereof to assumed trusteeship over a subordinate any person requesting them, shall be Authority: §§ 208, 301 (a), (b). Pub. Law labor organization, shall file with the said governed by the provisions of Part 407 86-257, 73 Stat. 519; R.S. 161, 5 Ü.S.C. 22. Bureau on behalf of the subordinate of this chapter. labor organization the annual financial §408.1 Initial trusteeship report. report required by section 201(b) of the Since the form and publication of the Every labor organization which has or Act and part 403 of this chapter, signed reports prescribed in this part follow the assumes trusteeship over any subordinate by the President and Treasurer or cor­ form and publication requirements of labor organization shall file with the responding principal officers of the labor section 301 of the Act, the remaining Commissioner, Bureau of Labor-Manage­ organization which has assumed such regulations only declaring provisions of ment Reports, United States Department trusteeship, and the trustees of the sub­ the Act applicable to trusteeships, and, it of Labor, Washington 25, D.C., within 30 ordinate labor organization. appearing that the initial reports of a days after September 14,1959, or the im­ substantial number of trusteeships in position of any such trusteeship, which­ § 408.4 Personal responsibility of sig­ being as of the enactment of the Act are ever is later, a report signed by its Presi­ natories o f reports. required to be filed not later than Octo­ dent and Treasurer, or corresponding Each individual required to sign a re­ ber 14, 1959, I find that notice, public principal officers, as well as by the trus­ port under section 301(a) of the Act and procedure thereon and delayed effective tees of such subordinate labor organiza­ under this part shall be personally re­ date, otherwise required by section 4 of tion containing the following informa­ sponsible for the filing of such report and the Administrative Procedure Act (5 tion: for any statement contained therein U.S.C. 1003), are unnecessary and im­ (a) The name and address of the sub­ which he knows to be false. practical, and good cause therefor exist­ ordinate organization; § 408.5 Maintenance and retention of ing, the regulations in this part, as au­ (b) The date on which the trusteeship records. thorized by the Administrative Procedure was established ; Act, are made effective upon publication Every person required to file any report in the F ederal R egister. (c) A detailed statement of the reason under this part shall maintain records on or reasons for establishing or continuing the matters required to be reported which Signed at Washington, D.C., this 24th tfye trusteeship; day of September 1959. (d) The nature and extent of partici­ will provide in sufficient detail the neces­ sary basic information and data from J ames P. Mitchell, pation by the membership of the sub­ which the documents filed with the ordinate organization in the selection of Secretary of Labor. delegates to represent such organization Bureau may be verified, explained or [F.R. Doc. 59-8161; Filed, Sept. 25, 1959; clarified, and checked for accuracy and 4:39 p.m.] in regular or special conventions and completeness, and shall include vouch­ other policy-determining bodies and in ers, worksheets, receipts, and applicable the election of officers of the labor or­ resolutions, and shall keep such records ganization which has assumed trustee­ available for examination for a period of Title 43— PUBLIC LANDS: ship over such subordinate organization; and not less than five years after the filing of the documents based on the information INTERIOR ( e) A full and complete account of the which they contain. Chapter I—-Bureau of Land Manage­ financial condition of such subordinate organization as of the time ^trusteeship § 408:6 Dissemination and verification ment, Department of the Interior was assumed over it. , of reports. APPENDIX— PUBLIC LAND ORDERS Every labor organization required to If a statement of the financial condi­ [Public Land Order 1989] submit a report under section 301(a) of [77771] tion of the subordinate organization was the Act and under this part shall make prepared as of the time of the assumption available, the information required to be CALIFORNIA of the trusteeship, based upon a compre­ contained in such report to all of its hensive audit conducted in accordance Power Site Cancellation No. 139; members, and every such labor organiza­ Power Site Restoration No. 539; with accepted standards of auditing, and tion and its officers shall be under a duty certified to by an independent certified to permit such member for just cause to Opening Lands From Power With­ or licensed public accountant, it may be examine any books, records, and accounts drawals; Power Projects 249, 334, submitted in lieu of the foregoing account necessary to verify such report, and 864; Power Site Reserves 87, of the financial Condition of such or­ § 408.7 Attorney-client communications 261, and 268; Power Site Classifi­ ganization provided only that the state­ exempted. cation 389 ment is in sufficient detail to presênt a Nothing contained in this part shall 1. In determinations hereinafter de­ full and complete account of the finan- be construed to require an attorney who scribed, the Federal Power Commission No. 190----- 4 7830 RULES AND REGULATIONS vacated certain power withdrawals cre­ regulations in 43 CFR will be received at Sec. 31, Ey2NEi4, Ey2Ey2SW&, and SE»4; ated by the filing of applications for pre­ once by the Manager named below. Sec. 32, NWÎ4 and Wy2SW%. Preferences in the consideration of such T. 9 S., R. 43 E., unsurveyed liminary permit or license under section Sec. 5, Ny2NW^NW%; 24 of the Federal Power Act of June 10, applications will be recognized as fol­ Sec. 6, Ny2NEî4NEi,4. 1920 (41 Stat. 1075; 16 U.S.C. 818), as lows : amended, as follows: (1) Applications under the homestead, The areas described aggregate 640 a. In DA-903 issued April 27, 1956, desert land and small tract laws by vet­ acres. Project No. 864 of January 3, 1928, so erans of World War n and the Korean 2. The land is located approximately far as it affects the following described Conflict, arid by others claiming prefer­ 30 miles south of Goldfield, Nevada, in lands: ence under the act of .September 27,1944 the eastern portion of Esmeralda County. Mount Diablo Meridian (58 Stat. 747; 43 U.S.C. 279-284) as Topography is generaly flat to undulat­ T. 20 N., R. 6 E., amended, filed at or before 10:00 a.m. on ing and elevation is approximately 4,500 Sec. 6, EV&SE&. October 29, 1959, shall be considered as feet above sea leveL Soils are poorly de­ simultaneously filed at that time. veloped and infertile. b. In DA-926 issued June 21, 1957, Rights under such preference right ap­ 3. This order shall not become effec­ Projects No 249 of April 19, 1023, and plications after that hour and before tive to ehange the status of the lands 864 of January 3, 1928, so far as they 10:00 a.m. on January 28, 1960, will be described until 10:00 a.m. on October 29, affect the following described lands: governed by the time of filing. 1959. At that time, they shall be open T. 20 N., R. 6 E., (2) All valid applications under the to filing of such applications, petitions, Sec. 4, lots 1, 2, 3, 4, Sy2NE]4, Sy2NW& nonmineral public land laws other than locations, and selections under the ap­ swy4. those coming under subparagraph (1) plicable nonmineral public land laws as c. In DA-927 issued November 8, 1957, above, presented prior to 10:00 a.m. on are permitted on unsurveyed lands, sub­ Project No. 334 of August 2, 1922, so far January 28, 1960, will be considered as ject to valid existing rights, the require­ as it effects the following-described simultaneously filed at that hour. Any ments of applicable laws, and the 91-day lands: rights under such applications filed preference right filing period under the thereafter will be governed by the time Small Tract Laws for veterans and oth­ T. 13 N., R. 9 E., of filing. ers entitled to preference under the act sec. li, n%, syaS77!4* (3) All applications under paragraph of September 27, 1944 (58 Stat. 747; 43 2. In DA-940 issued November 12, 4 shall be subject to those from persons U. S.C. 279-284), as amended. 1957, the Federal Power Commission de­ having prior existing valid settlement 4. The lands shall be open to applica­ termined that the value of the following- rights, preference rights conferred by ex­ tions and offers under the mineral leas­ described lands in Power Site Reserves isting law, and equitable claims subject ing laws and to location under the United Nos. 87 and 261 would not be injured or to allowance and confirmation. States mining laws beginning at 10:00 destroyed for purposes of power develop­ 5. Persons claiming preference rights a.m. on January 28,1960. ment by location, entry, or selection un­ must submit evidence of their entitle­ Inquiries concerning the lands shall be der the public land laws, subject to the ment. addressed to the Manager, Land Office, provisions of section 24 of the Federal 6. The lands have been open to appli­ Bureau of Land Management, Reno, Power Act: cations" and offers under the mineral Nevada. R oger Ernst, T. 6 N., R. 13 E., leasing laws and to location under the Sec. 22, Nwy4. United States mining laws, pursuant to Assistant Secretary of the Interior. the act of August II, 1955 (69 Stat. 682; September 23, 1959. 3. By virtue of the authority vested in 30 U.S.C. 621). the President by section 1 of the act of 7. The State of California has waived [FJR. Doc. 59-8094; Filed, Sept. 28, 1959; June 25, 1910 (36 Stat. 847; 43 U.S.C. its preference rights of application and 8:48 a.m.] 141 > and pursuant to Executive Order selection under the act of • August 27, No. 10355 of May 26, 1952, and by virtue 1958, and under section 24 of the Federal of the authority contained in section 1 Power Act* of the act of March 3,1879 (20 Stat. 394; Inquiries concerning the lands shall be [Public Land Order 1991] 43 U.S.C. 31), and as Secretary of the addressed to the Manager, Land Office, [495521 75 Interior, it is ordered as follows: California Fruit Building, Sacramento, a. The Executive order of April 29, California. NEVADA 1912, creating Power Site Reserve No. 268 R oger Ernst, is hereby revoked so far as it effects the Assistant Secretary of the Interior. Withdrawing Public Lands for Depart­ following-described lands (DA-927): September 23, 1959. ment of the Air Force (Stead Air T. 13 N.,R. 9 E„ ~ Force Base) Revoking Air Naviga­ Sec. 11, NWi/4, S14SW14; [F.R. Doc. 59-8093; Filed, Sept. 28, 1959; Sec. 15, NE14, and SW%. 8:48 a.m.} tion Site Withdrawal No. 263 The NW*/4 of section 11 and the lands By virtue of the authority contained in section 15 have been patented. in section 4 of the act of May 24, 1928 b. Power Site Classification No. 389 of (45 Stat. 729; 49 U.S.C. 214), it is or­ | Public Land Order 1990] dered as follows: October 22, 1947 is hereby cancelled so [Nevada 046499] far as it affects the following-described 1. Subject to valid existing rights, the following-described public lands are lands (DA-930): NEVADA hereby withdrawn from all forms of ap­ T. 1 N., R. 13 n ., Revoking Air Navigation Site propriation under the public-land laws, Sec. 28, Ni/2SWy4NWi/4. Withdrawal No. 204 including" the mining and mineral leas­ The areas described in this order ag­ ing laws but not disposals of materials gregate approximately 1114.40 acres. By virtue of the authority contained under the act of July 31, 1947 (61 Stat. 4. Subject to any valid existing rights, in section 4 of the act of May 24, 1928 681; 30 U.S.C. 601-604), as amended, and to the provisions of existing withdrawals, (45 Stat. 729; 49 U.S.C. 214), it is or­ reserved for use of the Department of and to the requirements of applicable dered as follows: the Air Force in the maintenance of air law, the lands are hereby opened to filing 1. The departmental order of Maynavigation facilities in connection with 11, 1943, reserving the following-de­ Stead Air Force Base: of applications, selection, and locations scribed lands for use of the Department in accordance with the following: those Mount Diablo Meridian lands described in paragraph 2 of this of Commerce in the maintenance of air navigation facilities, is hereby revoked ? T. 20 N., R. 18 E„ order being opened subject to the pro­ Sec. 2, Ey2NEy4NWy4, and W&NW&NEVi- visions of section 24 of the Federal Power Mount Diablo Meridian T. 21 N., R. 18 E., Act: T. 8 S., R. 43 E., unsurveyed Sec. 22, Ei/aNE^NW^, and W^NW^NE^: a. Applications and selections under Sec. 29, SW14SW14; S#c. 26, SWJ4SW14 (except patented por­ the nonmineral public land laws and the Sec. 30, SE&SEiA; tion in MS No. 4394). T uesday, Septem ber 29, 1959 FEDERAL REGISTER 7831

T. 20 N., R. 19 E., 5. Persons claiming preference rightsT. 1 S., R. 1 W., Sec. 18, NW^NEi/4. must submit evidence of their entitle­ Sec. 31, Lots 1, 2, 3, 4, 5, 6, SE^NE^, SE% T. 21 N., R. 19 E., NWy4, NE^SWyi, NE14SE14, and W& Sec. 24, SE&SW&Ü ment. SEÎ4; Inquiries concerning the released Sec. 32, Lots 2, 3, 4, 5, 6, 7, Ny2NEy4, SW14 The areas described aggregate 189.63 lands should be addressed to the Man­ NEy4, NEy4Nw%, and sy2Nwy4; acres. ager of the Land Office, Bureau of Land Sec. 33, Lots 1, 2, 5, 6, 7, 8, NW&NE^, Sy2 2. The Bureau of Land Management Management, Reno, Nevada. NE-%, E&NWÌ4, and 0%Sy2; order of August 21, 1950, which with­ Sec. 34, Lots 5, 6, 7, 8, S&SWVt, and SE^; drew the following-described public R oger Ernst, Sec. 35, Lots 2, 5, 6, 7, 8, NW}4SWy4, and lands for use of the Department of the Assistant Secretary of the Interior. S%SW%. Army for aviation purposes, as an Air September 23, 1959. T. 2 S., R. 1 W. Navigation Site Withdrawal No. 263, is Sec. 1, Lots 2, 8, 6, 8, 9, 12, 13, SWÎ4NW14, [F.R. Doc. 59-8095; Filed, Sept. 28, 1959; and Wi/2SWi4; hereby revoked: 8:48 a.m.] Sec. 2, Lot 1, SE14NE14, and NE % SE 14; Mount Diablo Meridian Sec. 5, Lots 2, 3, 4, SW14 NE 14, and Sy£ Nwy4; T. 21 N., R. 18 E., Sec. 6, Lots Ì, 2, 3, 4, 5, 6 , and SE^NW&J Sec. 10, SE%SEi4; Sec. 12, Lots 1, 2, 4, 6, 9, 10, and Sec. 22, SE&SW&. [Public Land Order 1992] Wy2Wy2, T 20 N., R. 19 E., SEÎ4jSW%; [Idaho 08955] Sec. 13, Lots 1,2, and NW&NEyi. Sec. 2, SE^NW%. T. 1 S., R. 2 W. T. 21 N„ R. 19 E., IDAHO Sec. 25, Lot 1, SE^SW ^, and SW ^SE^; Sec. 24, SB%SWî£. * Sec. 26, Lots 1, 2, Ny2SW%, and NWi4SEy4; The areas described aggregate 160 Sec. 27, Lots 3, 4, SW^NE^A, Sy2NW%, and Withdrawing Lands for Reclamation Ny2SE}4; acres. Purposes (Guffey Reservoir, Moun­ 3. Subject to any valid existing rights Sec. 28, Lots 6, 7, W&SW^, SEJ4SW14, and tain Home Division, Snake River swy4SEy4; and the requirements of applicable law, Sec. 33,Ey2NE%; thé lands released from withdrawal by Project) Sec. 34, SE1/4NE1/4, NW^NW^, SW^SW^i, paragraph 2 of this order and not in­ By virtue of the authority vested in and NEI4 SE14; cluded in paragraph 1, are hereby opened the Secretary of the Interior by section Sec. 35, SE^NE^, N^SW yi, SW&SW14, to filing of applications, selections and and N1/2SEÎ4 . 3 of the Act of June 17, 1902 (32 Stat. T. 2 S., R. 2 W. locations in accordance with the follow­ 388; 43 U.S.C. 416), it is ordered as ing: Sec. 1, Lot 1; follows: Sec. 2, Lot 4. a. Applications and selections under Subject to valid existing rights and the nonmineral public land laws and the to existing withdrawals for power pur­ The areas described aggregate 8,388.42 regulations in 43 CFR will be received poses, the following described public acres. at once by the Manager named below. lands in Idaho are hereby withdrawn in R oger Ernst, Preferences in the consideration of such the first form from all forms of appro­ Assistant Secretary of the Interior. applications will be recognized as fol­ priation under the public land laws, in ­ S eptember 23, 1959. lows: cluding the mining but not the mineral (1) Until 10:00 a.m. on March 23, [F.R. Doc. 59-8096; Filed, Sept. 28, 1959; leasing laws, and reserved for use of the 8:48 a.m.] 1960, the State of Nevada shall have a Bureau of Reclamation, Department of preferred right of applièation to select the Interior, for reclamation purposes in the released lands in accordance with connection with the Mountain Home Di­ and subject to the provisions of subsec­ vision, Snake River Project, Idaho: [Public Land Order 1993] tion (c) of section 2 of the act of August "V 27, 1958 (72 Stat. 928; 43 U.S.C. 851-2), Boise Meridian [Fairbanks 023018} and the regulations in 43 CFR. T. 2 S., R. 1 E., (2) Applications under the home­ Sec. 18, Lots 2, 3, 4, 7, NW%NE»4, and V ALASKA stead, desert land and small tract laws SE14SW&; Sec. 19, Lot 15; Withdrawing Lands for Flood Control by veterans of World War n and »the Sec. 30, Lots 2, 7, 10, and 15; Purposes and for Protection of Korean Conflict, and by others claiming Sec. 31, Lots 2, 7, 10, 13, 14, 15, SE^NE^, Elliott Highway preference under the act of September andE^SE^. * 27, 1944 (58 Stat. 747; 43 U.S.C. 279- "T. 3 S., R. 1 E., 9 By virtue of the authority vested in. 284) as amended, filed at or before 10:00 Sec. 6, Lots 3, 4, 5, 8 ,11, and SE^SW^r the President, and pursuant to Executive a.m. on October 29, 1959, shall be con­ Sec. 7, Lot 1, NW‘4NE&, S%NE^, Ey2 Order No. 10355 of May 26, 1952, and sidered as simultaneously filed at that NW %, and NW % SE %; upon request of the Bureau of Public Sec. 8 , Lots 2, 3, 6, 7, NW^SW^, and §E% time. Rights under such preference swy4; Roads, Department of Commerce, it is right applications after that hour and Sec. 17, Lots 1, 2, 3, SW ^NE^, and Ey2 ordered as follows: before 10t00 a.m. on December 24, 1959, SE%; Subject to valid existing rights, the will be governed by the time of filing. Sec. 21, Lots 1, 2, and E%SE^; following-described public lands in (3) All valid applications under the Sec. 22, Lots 3, 8, 9 and SW^SW^; Alaska are hereby withdrawn from all nonmineral public land laws other than Sec. 26, Lots 3, 6, and 7; forms of appropriation under the public those coming under subparagraphs (1) Sec. 27, Lots 1, 2, 3, NW&NE^, and E*/2 land laws, including the mining but not and (2) above, presented prior to 10:00 SEi/4; x Sec. 34, NE14 and Ni/2SE^; the mineral leasing laws nor disposals of a.m. on December 24, 1959, will be con­ Sec. 35, Lots 2, 3, and 4. materials under the act of July 31, 1947 sidered as simultaneously filed at that T. 3 S., R.2E„ (61 Stat. 681; 30 U.S.C. 601-604), as hour. Any rights under such applica­ Sec. 31, Lots 2, 3, 6, NW&SE14, and SE^ amended, and reserved under jurisdic­ tions filed thereafter will be governed SE%. tion of the Secretary of the Interior for by the time of filing. T. 4 S„ R. 2 E., flood control purposes for the protection b. The released' lands will be open Sec. 5, Lot 4; of the Elliott Highway: to applications and offers under the min­ Sec. 6 , Lots 2, 5, 6 , 9, and SEi4SWy4; Fairbanks Meridian eral leasing laws, and to location under Sec. 8, Lots 2„4, and SW ^NE^; the United States mining laws, at 10:00 T. 3 N„ R. 1 W., Sec. 9, Lots 5, 6, 7, and 8 ; Unsurveyed; a.m. on March 23,1960. Locations made Sec. 10, Lots 3, 4, 7, 8 , NE^SW^, and Sec. 14, NW14SW14, NW14SW14SW14, sy 2 prior to that time shall be invalid. SW14SE14; / SWi4 NWy4 , those portions lying north­ 4. All applications under paragraph 3 Sec. 15, N1/2NE14 and SW&NE^. east of the Elliptt Highway and southeast shall be subject to those from persons T. 4 S., R. 3 E., of the Chatanika River. having prior existing valid settlement Sec. 31, Lots 1,2, and 3. rights, preference rights conferred by T. 5 S., R. 3 E., Containing approximately 60 acres. existing law, and equitable claims sub­ Sec. 4, Lot 5; The Bureau of Land Management, ject to allowance and confirmation. Sec. 9, Lots 1,4, and NE^SE^i. Department of the Interior, may issue 7832 RULES AND REGULATIONS leases or permits for the surface use of so issued to the Secretary of the Treas­ § 251.1 Applications for construction- the lands, conduct sales of mineral and ury for payment, as provided by the Act. differential subsidy under Title V, vegetative materials thereon, and other­ * * * * * Merchant Marine Act, 1936, as wise administer the lands, provided that (k) After the date of filing with the amended. all documents authorizing such disposals Commission, no claim shall be amended (a) Applications under section 501 of or use of the lands shall contain pro­ to reflect the assignment thereof by the the Act for subsidy to aid in the con­ visions designed to safeguard the Elliott claimant to any other person or entity. struction of new vessels or the recon­ Highway from damage by flooding or (l) At any time after a final decision struction of existing vessels, to be oper­ other causes as may be recommended has been issued on a claim, or a proposed ated in the foreign commerce of the or approved by the Bureau of Public decision has become the final decision United States, shall be filed on Form Roads, on a claim, but not later than 30 days FMR-8 in accordance with the instruc­ R oger Ernst, before the statutory date for the comple­ tions annexed thereto. Assistant Secretary of the Interior. tion of the Commission’s affairs in con­ Note: The reporting requirements of the S eptember 23, 1959. nection with such claim, a petition to re­ foregoing have been approved by the Bureau [F.R. Doc. 69-8097; Filed, Sept. 28, 1959; open on the ground of newly discovered of the Budget in accordance with the Federal 8:48 am.} evidence may be filed. No such petition Reports Act of 1942. shall be entertained unless it appears (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. therein that the newly discovered evi­ 1114) dence came to the knowledge of the party Copies of the form referred to herein Title 45— PUBLIC WELFARE filing the petition subsequent to the date may be obtained on request from the Chapter V— Foreign Claims Settle­ of issuance of the final decision or the Secretary, Federal Maritime Board, date on which the proposed decision be­ Washington 25, D.C. ment Commission of the United came the final decision; that it was not States for want of due diligence that such evi­ Dated: September 23,1959. SUBCHAPTER C— RECEIPT, ADMINISTRATION dence did not come sooner to his knowl­ By order of the Federal Maritime AND PAYMENT OF CLAIMS UNDER THE IN­ edge; and that the evidence is material, Board. TERNATIONAL CLAIMS SETTLEMENT ACT OF and not merely cumulative, and that re­ [S eal! J ames L. P imper, T949, AS AMENDED consideration of the matter on the basis of such evidence would produce a differ­ Secretary. PART 531— FILING OF CLAIMS AND ent decision. Such petition shall include [FJÎ. Doe. 59-8106; Filed, Sept. 28, 1959; PROCEDURES THEREFOR a statement of the facts which the peti­ 8:50 a.m.] Procedure for Determination of tioner expects to prove, the name and ad­ dress of each witness, the identity of Claims; Hearings documents, and the reasons for failure 1. In § 531.5, paragraphs (c) , (g) and to make earlier submission of the evi­ Title 47— TELECOMMUNICATION (j) (l) are amended, and new para­ dence. graphs (k) and (1) are added, as follows: Chapter I— Federal Communications 2. Paragraph (a) of § 531.6 is amended Commission § 531.5 Procedure for determination of to read as follows: claims. § 531.6 Hearings, PART 1— PRACTICE AND PROCEDURE * * * * * (c) Such proposed decision shall be (a) Hearings, whether upon the Com­PART 17— CONSTRUCTION, MARK­ delivered to the claimant or his attorney mission’s own motion or upon request of claimant, shall be held upon not less ING, AND LIGHTING OF ANTENNA of record in person or by mail. Delivery STRUCTURES by mail shall be deemed completed 5 than fifteen days’ notice of the time and place thereof. days after the mailing of such proposed Application for Civil Air Patrol Radio decision addressed to the last known ad­ These amendments shall become effec­ Station Authorization dress of the claimant or his attorney of tive as of the. date of filing with the record. One copy of the proposed deci­ F ederal R egister. At a session of the Federal Communi­ sion shall be available for public inspec­ (Sec. 3, 64 Stat. 13, as amended; 22 U.S.C. cations commission held in its offices in tion at the office of the Commission. 1622) Washington, D.C., on the 23d day of Sep­ Notice of proposed decision shall be Whitney ^Gillilland, tember 1959; posted on the bulletin board at the office Chairman, Foreign Claims Set­ The Commission having under consid­ of the Commission on the day of its tlement Commission of the eration the adoption of a revised appli­ issuance and for 20 days thereafter. 0 United States. cation form (FCC Form 480) for Civil * * * * * Air Patrol Radio Station Authorization, [F.R. Doc. 59-8111; Filed, Sept. 28, 1959; and amendment of Part 1—Practice and (g) Upon the expiration of 20 days 8:51 am .] after such service or receipt of notice, if Procedure, and Part 17—Construction, no objection under this section has in Marking and Lighting of Antenna Tow­ the meantime been filed, such proposed ers and Supporting Structures; and decision shall, without further order or Title 46— SHIPPING It appearing that the adoption of re­ decision of the Commission, become the vised FCC Form 480 will result in a more Commission’s final determination and Chapter II— Federal Maritime Board, efficient and consolidated form; and decision on the claim. Maritime Administration, Depart­ It further appearing that concurrent * • * * * ment of Commerce with the adoption of revised FCC Form 480, Parts 1 and 17 of the Commission’s (j) * * * SUBCHAPTER C— REGULATIONS AFFECTING rules should be amended to reflect the (1) In case a claimant dies prior to SUBSIDIZED VESSELS AND OPERATORS addition of Part II (Description of Pro­ the issuance of a final decision or prior [Gen. Order 11, Arndt. 1] to the date on which the proposed deci­ posed Antenna Structure) to FCC Form sion becomes the Commission’s final 480 ; and PART 251— APPLICATION FOR SUB­ It further appearing that general no­ decision on -the claim, his legal repre­ SIDIES AND OTHER DIRECT FINAN­ sentative shall notify the Commission tice of proposed rule making, as pre­ immediately of such death, and shall CIAL AID (CONSTRUCTION) scribed by section 4 (a) of the Adminis­ promptly file proof of his capacity. trative Procedure Act, is unnecessary in Applications for Construction- s the view of the procedural and editorial Thereupon the legal representative shall Differential Subsidy be substituted as party claimant. How­ nature of the changes herein ordered; ever, upon failure to comply with the Effective upon publication in the F ed­ and foregoing, the Commission may issue its eral R egister the heading of this part It further appearing that authority for decision in the name of the estate» and in is changed to read as set forth above and the issuance of this Order is c o n ta in e d the case of an award, certify the award § 251.1(a) is amended to read as follows: in sections 4(i), 303(r), 307(d), 308(a), Tuesday, September 29, 1959 FEDERAL REGISTER 7833

308(b), and 319(d) of the Communica­ all other services shall be accompanied

30 days of the date of publication of this tified relisting of test results for sub­ Agriculture, Washington 25, D.C., not notice in the F ederal R egister. samples. later than October 9, 1959. 4. Adjust the fees for a few tests to R oger E rnst, Done at Washington, D.C., this 24th Assistant Secretary of the Interior. more nearly cover the costs of perform­ ing the tests. day of September 1959. September 22, 1959. The proposed amendment of § 28.956 F. R. B urke, Section 192.100(c) is amended to read is as follows: Acting Deputy Administrator, as follows: 1. Under item 1, the fees of $9.00, Agricultural Marketing Service. $14.00, and $19.00 would be changed to § 192.100 Amount of bonds required of [F.R. Doc. 59-8115; Filed, Sept. 28, 1959; $10.00, $15.00, and $20.00 respectively. 8:51 a.m.] lessee. 2. Item 2 would be amended as fol­ * * * * ' . • lows: (c) All leases shall provide that where 2. Fiber length array of cotton samples a $10,000 bond is not already being main­ (reporting the average percentage of fibers DEPARTMENT OF HEALTH, EDU­ tained a general lease bond in the penal by weight in each y8 -inch group, the average sum of $10,000 conditioned upon com­ length, and the average length variability as CATION, AND WELFARE pliance with all lease terms covering the based on 3 specimens from a blended sam­ entire leasehold, shall be furnished by ple) : Public Health Service the lessee prior to the beginning of drill­ a. Ginned cotton lint, per sample.__ $12. 50 [ 42 CFR Part 73 1 ing operations. An operator or, if there b. Cotton comber noils, per sample_17. 50 is more than one operator covering dif­ c. Other cotton wastes, per* sample_22.50 BIOLOGIC PRODUCTS ferent portions of the lease, each opera­ 3. Under item 2.1, the words “3 speci­ Sterility Requirements tor may furnish a $10,000 general lease mens” would be changed to “2 speci­ bond in his own name as principal on mens” and the fees of $12.50, $17.50, and Notice is hereby given of proposed rule the bond in lieu of the lessee. Where $22.50 would be changed to $9.00, $14.00, making pursuant to section 351 of the there are one or more operator’s bond and $19.00 respectively. Public Health Service Act, as amended affecting a single lease, each such bond 4. Item number 4 would be deleted in (58 Stat. 702; 42 U.S.C. 262). Experience niust be conditioned upon compliance its entirety. has indicated the need for more detailed with all lease terms for the entire lease­ 5. Item number 6 would be amended as requirements, relating to sterility of bio­ hold. Where a bond is furnished by follows: logical products, now contained in an operator, suit may be brought there­ § 73.70(d). The proposed revision would on without joining the lessee if he is 6. Fiber maturity and fineness of strengthen and more clearly define the ginned cotton lint by the Caus­ not a party to the bond. An operator’s ticaire method (reporting the sterility requirements for such products; bond will not be accepted unless the average maturity, fineness, and The miscellaneous amendments would operator holds an operating agreement Micronaire reading as based on define additional terms, revise the su­ which has been approved by the De­ 2 specimens from a blended spension and revocation of license provi­ partment or has pending an operating sample) : sions, effect 'certain administrative agreement in proper condition for ap­ Per sample______$2. 00 changes and amend generally various proval. The mere designation as opera­ Minimum fee______¿______6 . 00 provisions of Part 73 primarily for pur­ tor will not suffice. 6. Item number 6.3 would be deleted poses of clarification. [F.R. Doc. 59-8098; Filed, Sept. 28, 1959; in its entirety. Notice is also given that it is proposed, 8:48 a.m.] 7. Item number 10.1 would be deleted in the public interest, for the protection in its entirety and item number 10.2 of the public health, to make any amend­ would be renumbered 10.1. ments that are adopted effective immedi­ 8. Under item number 21, the words ately upon publication in the F ederal DEPARTMENT OF AGRICULTURE “item number 11” would be changed to R egister. Agricultural' Marketing Service “item numbers 11 and 12”. Inquiries may be addressed, and data, 9. Item number 27.1 would be amended views and arguments may be presented [ 7 CFR Part 28 1 as follows: by interested parties, in writing, in tripli­ 27.1. Furnishing a certified relisting of cate, to the Surgeon General, Public COTTON FIBER AND PROCESSING Health Service, Washington 25, D.C. All TESTS test results (includes samples or sub-samples selected from relevant material received not later than Proposed Revisions in Schedule of any previous tests), per sheet.. $2 . 50 45 days after publication of this notice in the F ederal R egister will be considered. Tests and Fees 10. Item number 29 would be amended to read as follows: 1. Redesignate paragraphs (b), (c), Notice is hereby given that the United (d) and (e) of § 73.70 and §§ 73.71, 73.72, States Department of Agriculture is con­ 29. Combination fiber test including 73.73, 73.74, 73.75, 73.76, 73.77, 73.78, and sidering amendment of § 28.956 (7 CFR test item numbers 3, 5, and 6 : 73.79 as §§ 73.71, 73.72, 73.73, 73.74, 73.75, 28.956) of the regulations governing Per sample______;______$4 . 00 Minimum fee______3 ! 00 73.76, 73.77, 73.78, 73.79, 73.80, 73.81, cotton fiber and processing tests to make a. When tested in connection with 73.82, and 73.83, respectively. minor revisions in the schedule of tests spinning test item numbers 11, 2. Amend § 73.70 to read as follows: offered and the fees charged, pursuant to 12, 13, 14, and 15, per sample___ 3 . 00 § 73.70 Tests prior to release required authority contained in the Cotton Statis­ Minimum fee______6 . 00 tics and Estimates Act of March 3, 1927, for each lot. as amended (55 Stat. 131; 7 U.S.C. 473d). 11. Under item number 31, the fees of No lot of any licensed product shall be The proposed amendment would: ‘ $6.00” and “$90.00” would be changed to released by the manufacturer prior to 1. Provide an alternate array length “$4.00” and “$40.00”, respectively. the completion of tests for conformity test based on 2 specimens per test instead 12. Under item number 32, the fees of with standards applicable to such prod­ of 3 specimens. “$10.00” and “$150.00” would be changed uct. Each applicable test shall be made 2. Delete the items for (a) foreign to “$6.00” and “$60.00”, respectively. on each lot after completion of all proc­ matter content of seed cotton, (b) mois­ 13. Under item number 33, the fees of esses of manufacture which may affect ture content of seed cotton, and (c) “$6.00” and “$90.00” would be changed to compliance with the standard to which array fineness and maturity of cotton ‘ $4.00” and “$40.00”, respectively. the test applies. lint. ■ Any person who wishes to submit 3. Amend § 73.71, as redesignated, to 3. Provide for (a) furnishing Micro- written data, views, or arguments con­ read as follows: naire reading results for Causticaire cerning the proposed amendment may tests, (b) nep and waste tests compa­ do so by filing them with the Director, § 73.71 Potency» rable to the spinning tests for extra long Cotton Division, Agricultural Marketing Tests for potency shall consist of staple cottons, and (c) furnishing a cer- Service, United States Department of either in vitro or in vivo tests, or both, 7836 PROPOSED RULE MAKING which have been specifically designed ing material from a sample of no less from a sample of twice the number of for each product so as to indicate its than 40 filled final containers. final containers is tested by the same potency in a manner adequate to satisfy (2) First repeat final container test. method as in the first test. the interpretation of potency given by If growth appears in the test of the final (c) Interpretation of test results. The the definition in § 73.1 (s). container material, the test may be Re­ results of all tests performed on a lot peated to rule out faulty test procedures shall be considered in determining 4. Amend § 73.73, as redesignated, toby testing material from a sairiple of at whether or not the lot meets the require­ read as follows: least the same number ' of final con­ ments for sterility, except that tests may § 73.73 Sterility. tainers. be excluded when demonstrated by ade­ Except as provided in paragraph (f) (3) Second repeat final container test. quate controls to be invalid. Theriot of this section, the sterility of each lot If growth appears in the first repeat final meets the test requirements if no growth of each product shall be demonstrated container test, a second repeat final con­ appears in the tests prescribed in para­ by the performance of the tests pre­ tainer test may be performed provided graph (a) of this section. If repeat tests scribed in paragraphs (a) and (b) of (i) there was no evidence of growth in are performed, the lot meets the test re­ this section for both bulk and final con­ the test of the bulk material, (ii) the quirements if no growth appears in the tainer material. same viable organism was not observed tests prescribed in paragraph (b) of this I (a) The test— (1) U s i n g fluid thio- in both the first and repeat test of final section. The categories of acceptable gly collate medium. The volume of container material, and (iii) material tests results are as follows: product, as required by paragraph (d) Tests of this section, (hereinafter referred to also as the “inoculum” )>from samples of ' Categories First Second both bulk and final container material, of accept­ Bulk Repeat Final repeat repeat able test bulk container final final . shall be inoculated into one or more test results container container containers of fluid thioglycollate me­ dium. The inoculum and medium shall T be mixed thoroughly and incubated at a tr ...... temperature of 30° to 32° C. for a test TTT do ___ Test cannot be No growth completed. (sample 60 final period of no less than seven days and ex­ containers). amined visually for evidence of growth TV Test cannot be completed. on the third or fourth day and on the V No growth_____ seventh day. If incubation is con­ VT __ .do...... Growth;, different No growth (sam­ organism. ple 40 final tinued beyond seven days, an additional containers). examination shall be made on the last day of the test period. If the inoculum renders the medium turbid so that the i “Growth” means viable microorganisms observed in any of the inoculted test containers. absence of growth cannot be determined (d) Test samples and volumes—(1) Fluid Sabouraud Medium reliably by visual examination, portions Bulk. Each sample for the bulk sterility Dextrose______i------20 gm. of this turbid medium in amounts no less test shall be representative of the bulk Pancreatic digest of casein-.—.,.-— 5 gm. than 1.0 ml. shall be transferred, after container material and the volume tested Peptic digest of'animal tissüe— _. 5 gm. the third or fourth day of incubation, Distilled water, to make______1,000 ml. shall be no less than 10 ml. (Note ex­ Final pH 5.7±0.1. from each. of the test containers and ception in paragraph (f) (8) of this inoculated into additional containers of (2) Culture medium requirement—(i) medium. The material in the addi­ section.) Quality and condition of medium and de­ tional containers shall be incubated at a (2) Final containers. The sample for sign of container. The growth promot­ temperature of 30° to 32° C. for no less the final container test shall be no less ing qualities and conditions of the culture than seven days. .Notwithstanding such, than 20 final containers from each fill­ medium, and the design of the test con­ transfer of material, examination of the ing of each lot, selected to represent all tainer, shall be such as are shown to original containers shall be continued stages of filling from the bulk container. provide conditions favorable to aerobic as prescribed above. The additional test If the amount of material in the final and anaerobic growth of microorganisms containers shall be examined visually for container is 1.0 ml. or less, the entire throughout the test period. evidence of growth on the third or f ourth contents shall be tested. If the amount (ii) Ratio of inoculum to culture day of incubation and on the seventh of material in the final container is more medium. The ratio of the volume of the day and if incubation is continued be­ than 1.0 ml., the volume tested shall be inoculum to the volume of culture yond a period of seven days, an addi­ medium shall be such as will dilute the tional examination shall be made on the the largest single dose recommended by preservative in the inoculum to ,a level last day of the incubation period. If the manufacturer or 1.0 ml., .whichever that does not inhibit growth of contami­ growth appears, repeat tests may be per­ is larger, but no more than 10 ml. of nating microorganisms. Inhibitors or formed as prescribed in paragraph (b) material from a angle final container neutralizers of preservative may be con­ of this section arid interpreted as spec­ need be tested. (Note exceptions in sidered in determining the proper ratio. ified in paragraph (c) of this section. paragraph (f)(6), (7) and (8) of this (f) Exceptions. Bulk.and final con­ (2) Using Fluid Sabouraud Medium.section.) tainer material shall be tested for steril­ An additional test shall be made for (e) Culture medium—(1) Formulae. ity as described above in this section ex­ fungi on final container material, follow­ (i) The formula for fluid thioglycollate cept as follpws: ing the procedures prescribed in sub- meduim is as follows: (1) Different sterility tests prescribed. paragraph (1) of this paragraph except When different sterility tests are pre­ that (i) the medium shall be Fluid Fluid thioglycollate medium scribed for a product in this part. Sabouraud (formula in paragraph (e) 1-cystine______,_____0.5 gm. (2) Alternate incubation tempera­ (1) of this section); (ii) the incubation Sodium chloride______2.5 gm. tures. Two tests may be performed, in shall be at a temperature of 22° to 25° C; Dextrose (C8H120 e.H20 ) ------5.5 gm. nil respects as prescribed in paragraph (iii) the period of incubation shall be no Granular agar (less than 15% 0.75 gm. (a) (1) of this section, one test using an moisture by weight. less than 10 days. Yeast extract (water-soluble)___ 5.0 gm. incubation temperature of 18° to 22° (b) Repeat tests—(1) Repeat bulkPancreatic digest of casein__ ___ 15.0 gm. C., the other test using an incubation tests. If growth appears in the test of Distilled water______1,000.0 ml. temperature of 35° to 37° C., in lieu of the bulk material, the test may be re­ Sodium thioglycollate (or Thio- 0.5 gm. performing one test using an incubation peated to rule out faulty test procedures glycollic acid—0.3 m l.). temperature of 30° to 32° C. by testing at least the same volume of Resazurin (0.10% solution, fresh- 1.0 ml. g (3) Different tests equal or superior. A material as in the first test. .If this or ly prepared).. different test may be used provided that the first bulk test carinot be completed Final pH 7.1 ±0.1. prior to such use a manufacturer submits (where e.g., bulk material is not avail­ (ii) The formula for Fluid Sabouraud data which the Surgeon General finds able) , a substitute test may be made us- Medium is as follows: adequate to establish that the different T uesday, Septem ber 29, 1959 FEDERAL REGISTER 7837

test is equal or superior to the tests de­ § 73.75 Requests for samples and pro­ § 73.3 Applications for establishment scribed in paragraphs (a) and (b) of this tocols. and product licenses; procedure for section in detecting contamination and filing. making the finding a matter of official Samples or any lot of any licensed record. product, together with protocols showing To obtain a license for any establish­ (4) Test precluded or not required.- the results of applicable tests, may at any ment or product, the manufacturer shall The tests prescribed in this section need time be required to be sent to the Direc­ make application to the Director, Divi­ not be performed for Whole Blood tor, Division of Biologies Standards. sion of Biologies Standards, on forms (Human), Packed Red Blood Cells, Sin­ a. Redesignate .- - p a r a g r a p h s (e) prescribed for such purpose, and in the gle Donor Plasma, Smallpox Vaccine pre­ through (o) as (f)vto (p), respectively. case of an application for a product pared from Calf lymph, and other similar b. Insert a new paragraph (e) to read license, shall submit definitive data de­ products concerning which the Surgeon as follows : rived from laboratory and clinical General finds that the mode of admin­ studies which demonstrate that the istration, the method of preparation or (e) “Division of Biologies Standards”manufactured product meets prescribed the special nature of the product pre­ means the Division of Biologies Stand­ standards of safety, purity and potency, cludes or does not require a sterility test. ards of the National Institutes of Health. a full description of manufacturing (5) Viscous biological products. Thio- c. Amend paragraph (f), as redesig­ methods, data establishing stability of glycollate broth medium may be used in nated, by deleting “Hawaii, Alaska”. the product through the dating period, lieu of fluid thioglycollate medium to test sample (s) representative of the product d. Redesignate paragraphs (p), (q) to be sold, bartered or exchanged or of­ viscous biological products. The formula .and (r) as (r), (s) and (t), respectively. for thioglycollate broth medium is as fol­ fered, sent, carried or brought for sale, lows: e. Insert a new paragraph (q) to read barter or exchange, summaries of re­ as follows: sults of tests performed on the lot(s) Broth medium. Certain biological prod­ ucts are turbid or otherwise do not lend (q) The word “sterility” is interpretedrepresented by the submitted sample (s), themselves readily'to culturing in fluid thio-: to mean freedom from viable contam­ and specimens of the labels, enclosures glycollate medium because of its viscosity. inating microorganisms, as determined and containers proposed to be used for In such instances, the following broth is ac­ the product. An application for license ceptable in place of the fluid thioglycollate by the tests prescribed in § 73.73. shall not be considered as filed until all medium, provided it is used in Smith fer­ f. Revise paragraph (t), as redesig­ pertinent information and data shall mentation tubes which have been heated nated, to read as follows: have been submitted by the manu­ within 4 hours in a boiling water bath or facturer. free-flowing steam so as to drive the dis­ (t) “Manufacturer" means any legal solved oxygen out of the medium in the 9. Delete present § 73.4 and renumber closed arm: person or entity engaged in the manufac­ ture of a product subject to license under present § 73.3 as § 73.4 and as thus re­ I-cystine ______------0.5 gm. the Act. numbered amend such section to read Sodium chloride______2.5 gm. as follows: Dextrose (C6H1206.H20) ------5.5 gm! g. Redesignate paragraphs (s) and (t) Yeast extract (water-soluble)___ 5.0 gm. § 73.4 Establishment licenses; issuance; as (w) and (y), respectively. conditions. Pancreatic digest of casein_____ 15.0 gm. h. Insert a new paragraph (u) to read Distilled water______1,000.0 ml. as follows: (a) Inspection; compliance with Sodium thioglycollate (or Thio- 0.5 gm. standards. An establishment license glycollic acid—0.3 m l.). (u) “Manufacture” means all steps in Final pH 7.1 ±0.1. shall be issued only after inspection of propagation or manufacture and prep­ the establishment and upon a deter­ (6> Number of final containers more aration of products and includes but is mination that the establishment com­ than 20, less than 200. If the number of not limited to filling, testing, labeling, plies. with the applicable standards final containers in the filling is more than packaging, and storage by the manu­ prescribed in the regulations in this part. 20 or leas than 200, the sample shall be facturer. (b) Availability of product; simultané- no less than 10 percent of the containers. otis; request for and issuance of product (7) Number of final containers—20 or i. Insert a new paragraph (v) to read license. No establishment license shall less. If the number of final containers in as follows: be issued unless (1) a product intended a filling is 20 or less, the sample n^ed be (v) “Location” includes all buildings, for sale, barter or exchange or intended no more than one final container, pro­ appurtenances, equipment and an im a ls to be offered, sent, carried or brought for vided (i) the bulk material met the ste­ sale, barter or exchange is available for rility test requirements and (ii) after fill­ used, and personnel engaged by a manu­ examination, (2) such product is avail­ ing, it is demonstrated by testing a simu­ facturer within a particular area desig­ able for inspection during all phases of lated sample that all surfaces to which nated by an addréss adequate for manufacture and (3) a product license the product was exposed were free of identification. is requested and issued simultaneously contaminating microorganisms. The j. Revise paragraph (w), as redesig­ with the establishment license. simulated sample shall be prepared by nated, to read as follows: (c) One establishment license to cover rinsing the filling equipment with sterile all locations. One establishment license 1.0 percent peptone solution, pH 7.1 ±0.1, (w) “Establishment” in clu d es all shall be issued to cover all locations which shall be discharged into a final locations. meeting the establishment standards. container by the same method used for k. Insert a new paragraph (x) to read filling the final containers with the prod­ 10. Insert a new § 73.5 to read as fol­ uct. as follows: lows: (8) Diagnostic products not intended (x) The word “Lot” is interpreted to § 73.5 Product licenses; issuance; con­ for injection. For diagnostic products mean that quantity of uniform material ditions. not intended for injection, (i) the volume identified by the manufacturer as hav­ of material for the bulk test shall be no (a) Examination; compliance with ing been thoroughly mixed in a single standards. A product license shall be less than 2.0 ml., (ii) the sample for the container. issued only upon examination of the final container test shall be no less than product and upon a determination that three final containers if the total number 7. Insert a new § 73.2 to read as follows: the product complies with the standards filled is 100 or less, and, if greater, one prescribed in the regulations in this additional container for each additional § 73.2 Two forms of licenses. part: Provided, That no product license 50 containers or fraction thereof, but the There shall be two forms of licenses: shall be issued except upon a determina­ sample need be no more than 10 con­ establishment and product. tion that the establishment complies tainers. yith the establishment standards pre­ 8. Renumber present § 73.2 and § 73.3 scribed in the regulations contained in 5- Amend § 73.75, as redesignated, to and as thus renumbered amend such this part, applicable to the manufacture read as follows: section to read as follows: of such product. No. 190— —5 7838 PROPOSED RULE MAKING

(b) Manufacturing process; impair­specified in the. notice of suspension, he “Director,” immediately preceding “Di­ ment of assurances. No product shall shall recommend that the license be re­ vision”. be licensed if any part of the process of voked. Except as provided in §73.11, 18. Amend §§ 73.37(f), 73.101(e)(3), or relating to the manufacture of such prior to the suspension or revocation of 73.102, 73.110 (a) (last sentence), (b), product would, in the judgment of the a license and to the institution of pro­ (c), and 73.112 by deleting the word Surgeon General, impair the assurances ceedings looking to the suspension or re­ “preparation” and by inserting in lieu of continued safety, purity and potency vocation of a license the licensee shall thereof the word “manufacture”. as provided by the regulations contained be advised in writing of the facts or con­ 19. Amend § 73.38(c) by deleting the in this part. duct which may warrant such action and words “production or testing” in the first shall be accorded opportunity within a and second sentences and by inserting 11. Renumber present § 73.5 as § 73.6 reasonable period prescribed by the in lieu thereof in both sentences the word and as thus renumbered amend such sec­ Surgeon General to demonstrate or “manufacturing”. tion to read as follows: achieve compliance with the regulations 20. Amend §§ 73.101(a) and 73.111(a) § 73.6 License forms. in this part. by deleting the word “preparing” and by (a) Establishment license'. The estab­ 14. Amend the new § 73.15 (present inserting in lieu thereof the word “man­ lishment license form shall be prescribed § 73.14) to read as follows: ufacturing”. by the Surgeon General and shall 21. Amend the new §§73.7 (present include : § 73.15 Reissuance. § 73.6), 73.16 (present §73.15) and (1) The name and address of the (a) Compliance with standards. An § 73.32 (c), (f), (h), 73.37(f) (title), and manufacturer. establishment or product license, pre­ 73.114(d) by deleting the word “produc­ (2) The name and address ôf the viously suspended or revoked, whether tion” and by inserting in lieu thereof the establishment. upon application, or for failure to comply word “manufacturing”. (3) The names and addresses of all with standards or changes in standards 22. Amend §§ 73.30, 73.36 (d), (f) 73.37 locations of the establishment. prescribed in the regulations in this part, (c), (i) (in both cases), 73.38 (b), (d), (4) The license number. may be reissued or reinstated upon a 73.100 (b), (c), 73.110 (c), 73.111 (title), (5) The date of issuance. showing of compliance with required and 73.112(a) (3) by deleting the word (b) Product license. The product li­ standards and upon such inspection and “production” and by inserting in lieu cense form shall be prescribed by the examination as may be considered neces­ thereof the word “manufacture”. Surgeon General and shall include: sary by the Director of the Division of 23. Amend § 73.37(b) by deleting the <1> The name and address of the Biologies Standards. word “production” wherever it may ap­ manufacturer. (b) Exclusion of noncortiplping loca­ pear and by inserting jh lieu therof the (2) The name and address of the tion. An establishment product li­ word “manufacture” where it first ap­ establishment. cense, excluding a location or locations pears and the word “manufacturing” (3) The name and address of the lo­ that fail to comply with prescribed where it subsequently appears. cation (s) at which the product is manu­ standards, may, be issued without fur­ 24. Amend § 73.38(a) by deleting the factured. ther application and concurrently with word "production” in the first and second (4) The license number of the estab­ the suspension or revocation of the li­ sentences and by inserting in lieu thereof lishment. cense for noncompliance at the excluded in the first sentence the words “the man­ (5) The proper name of the product. location or locations. ufacture” and in the second sentence the (6) Additional specifications, if any, word “manufacturing”. 15. Amend the first Sentence of 25. Amend the last two Sentences of the which may be approved or required for § 73.36(a) to read as follows: “Records additional labeling purposes. new § 73.16 (present § 73.15) by deleting shall be made, and concurrently with the reference to “§§ 73.2 to 73.14” and in­ 12. Renumber present §§ 73.6 to 73.15 the performance, of the various steps in serting “§§ 73.2 to 73.15” in lieu thereof as §§ 73.7 to 73.16, respectively. the manufacture, disposition and dis­ and by deleting the references to 13. Amend the new § 73.9 (present tribution of each lot, so that at any time “§§ 73.10, 73.12 and 73.13” and by insert­ § 73.8) to read as follows: these steps as regards any lot number ing “§§ 73.11, 73.13, and 73.14” in lieu § 73.9 Issuance, revocation and suspen­ may be traced by an inspector.” thereof sion. 16. Substitute “Director, Division of (Secs>215, 351, 58 Stat. 690, 702; 42 U.S.C. Biologies Standards” for “Institute”, 216, 262) A license shall be issued by the Sec­ “Institutes” or “National Institutes of retary upon the recommendation of the Health” wherever the latter terms may Dated: September 15,1959. Surgeon General and upon the deter­ appear in §§73.7 (as redesignated), [seal! J ohn D. P orterfield, mination by the Surgeon General that 73.23, 73.24, 73.32(e), 73.36 (b), (e), Acting Surgeon General. the establishment or the product, as the 73.38(d), 73.72 (as redesignated), 73.82 case may be, meets the standards estab­ (c) (as redesignated), 73.91, 73.92, Approved: September 23,1959. lished by the regulations in this part as 73.101(c), 73.103 (first paragraph), and B ertha S. Adkins, herein prescribed or hereafter amended. 73.113. Acting Secretary. Licenses shall be valid until suspended 17. Amend the first paragraph of [F.R. Doc. 59-8069; Filed, Sept. 28, 1959; or revoked. An establishment or prod­ § 73.104(f) and § 73.114(i) by inserting uct license shall be revoked upon appli­ 8:45 a.m.] cation of the manufacturer giving notice of intention to discontinue the manufac­ ture of all products or of intention to discontinue the manufacture of a par­ ticular product for which a license is NOTICES held. The Surgeon General shall rec­ ommend to the Secretary that a license be suspended or revoked whenever he to the following company under the Act finds, after notice and opportunity for DEPARTMENT OF THE TREASURY of Congress approved July 30, 1947, 6 U.S.C. secs. 6-13, as an acceptable surety hearing, that the establishment or any Office of the Secretary location thereof, or the product for on Federal bonds. which the license has been issued, fails [Dept. Circ. 570, Rev. 1959, Supp. 4] An underwriting limitation of $265,- 000.00 has been established for the com­ to conform to the standards in the regu­ SECURED INSURANCE CO. lations in this part, as herein prescribed pany. Further details as to the extent or as hereafter amended, designed to Surety Company Acceptable on and localities with respect to which the insure the continued safety, purity and company is acceptable as surety on Fed­ potency of the manufactured product. Federal Bonds eral bonds will appear in the next re­ In case of suspension, if the faulty con­ S eptember 23,1959. vision of Department Circular 570, to be dition is not corrected within 60 days A Certificate of Authority has been issued as of May 1, 1960. Copies of the or within such other period as may be issued by the Secretary of the Treasury circular, when issued, may be obtained T u esday, S eptem ber 29, 1959 FEDERAL REGISTER 7839 from the Treasury Department, Bureau The following Secretary’s order is re­ Section 7 of Accounts, Surety Bonds Branch, voked: 2820 (22 F.R. 4838). Driving, delivery, and collection charge Washington 25, D.C. . • » * • * P art 211—Other D epartmental Offices State in Which Incorporated, Name of Com­ 5. Driving livestock picked up from not more than pany, and Location of Principal Executive CHAPTER 6---OFFICE OF SALINE WATER two pens to railroad chutes for outbound shipment, the Office following charges will apply: ' 211.6.1 General authority. The Di­ '--- ..... »1 ■■ ■ ^ Indiana; Secured Insurance Company, In­ rector, Office of Saline Water, is author­ Present rate Proposed dianapolis, Indiana. ized, except as provided in 211.6.2, to rate [seal] J ulian B. B aird, exercjse the authority of the Secretary Acting Secretary of the Treasury, of the Interior pursuant to the act of Cattle or calves______>$2.00 Hogs.______11.00 July 3, 1952 (66 Stat. 328; 42 U.S.C. sec. Sheep or goats______l _____ » 1.00 [F.R. Doc. 59-8136; Filed, Sept. 28, 1959; 1951 et seq.), as amended, and the Joint Horses or mules . _ *2.00 8:54 a.m.] Resolution of September 2,1958 (72 Stat. 1706) with respect to water research and 1 Per car. development. * Per deck. N ote: This charge will not apply to livestock stopped 211.6.2 Limitations. The following for feed, water and rest. For charges on such livestock Bureau of Land Management authorities are not delegated in the gen­ see section 6. eral authority listed above: For charges for collecting livestock see section 7. ARKANSAS A. Authority to make rules and regula­ The modifications, if authorized, will tions pursuant to sec. 7 of the act of produce additional revenue for the re­ Notice of Proposed Withdrawal for July 3, 1956, as amended (supra.). the Reservation of Lands spondent and increase the cost of mar­ B. Authority to acquire any interest in keting livestock.. Accordingly, it appears S eptember 22,1959. property by condemnation, that this public notice of the filing of The office of the Bureau of Sports 211.6.3 Redelegation. The Director, the petition and its contents should be Fisheries and Wildlife, United States Fish Office of Saline Water may in writing re­ given in order that all interested per­ and Wildlife Service, has filed an appli­ delegate this authority to any officer or sons may have an opportunity to indi­ cation for the withdrawal of the lands employee of the Office of Saline Water. cate a desire to be heard in the matter. hereafter described, from all forms of All interested persons who desire to be appropriation under the public land laws, Elmer F. B ennett, heard in the matter shall notify the including the United States'Mining Laws Acting Secretary of the Interior. Hearing Clerk, United States Depart­ but not the Mineral Leasing Laws, sub­ S eptember 22,1959. ment of Agriculture, Washington 25, ject to valid existing rights. [F.R. Doc. 59-8101; Filed, Sept. 28. 1959; D.C., within 15 days after the publication The applicant desires the land as a 8:49 a.m.] of this notice. part of the Big Lake National Wildlife Done at Washington, D.C., this 23d Refuge for a resting area for migratory day of September 1959. waterfowl. For a period of 30 days from the date DEPARTMENT OF AGRICULTURE D avid M. P ettus, of publication of this notice, persons Agricultural Marketing Service Director, Livestock Division, having cause may present their objec­ [P. & S. Docket No. 450] Agricultural Marketing Service. tions in writing to the undersigned [F.R. Doc. 59-8104; Filed, Sept. 28, 1959; Official of the Bureau of Land Manage­ DENVER UNION STOCK YARD CO. 8:49 a.m.] ment, Department of the Interior, Wash­ ington 25, D.C. Notice of Petition for Modification of If circumstances warrant it, a public Rate Order hearing will be held at a convenient time Pursuant to the provisions of the Pack­ DEPARTMENT OF COMMERCE and place, which will be announced. ers and Stockyards Act, 1921, as amended Federal Maritime Board The determination of the Secretary (7 U.S.C. 181 et seq.), an order was is­ on the application will be published in sued on April 15, 1959 (18 A.D. 352), [Docket No. 871] the F ederal R egister. A separate notice which as modified by an order issued on PACIFIC FAR EAST LINE, INC., ET AL. will be sent to each interested party of April 30, 1959 (18 A.D. 361), authorizes record. / the respondent, Denver Union Stock Certain Storage Practices at Stockton The land involved in the application Yard Company, Denver, Colorado, to * and Oakland, Calif.; Investigation is: assess the current temporary schedule of and Hearing Arkansas rates and charges to and including De­ T. 14 N„ R. 9 E., 5th P.M., cember 31, 1960, unless modified or ex­ On September 17, 1959, the Federal Sec. 4, Lot 7, containing 0.76 acre; tended by further order before the latter Maritime Board entered the following Sec. 9, Lot 2, containing 1.42' acres. date. order: By a petition filed on September 16, Whereas, it appears that Pacific Far The area above-described containing East Line, Inc., a common carrier by in the aggregate 2.18 acres. 1959, the respondent requested author­ ity to modify the current temporary water in foreign commerce of the United H. K. S choll, schedule of rates and charges as indi­ States, is engaged in certain practices Manager. relating to the free storage of import cated below. It was also requested that cargo at the Port of Stockton, Califor­ [FJt. Doc. 59-8100; Filed, Sept. 28, 1959; such authority become effective as soon 8:49 a.m.] nia; and as possible and that the current sched­ Whereas, .it appears that Trans­ ule, as so modified, remain in effect to oceanic Agencies books and'solicits cer- and including December 31, 1961. tain/inbound and outbound cargo for Section 6 Pacific Far East Line, Inc. and acts as Office of the Secretary Service and yarding charges for transit business ^‘exclusive husbanding agent” for that DIRECTOR, OFFICE OF SALINE carrier at the Port of Stockton, Califor­ nia; and WATER Rate per Deck Whereas, it appears that Trans­ Delegations of Authority oceanic Agencies furnishes/‘warehouse, Present Proposed or other terminal facilities in connection The following material is a portion of with a common carrier by water” within the Departmental Manual and the num­ Cattle, calves, horses and sheep__ $1.92 $2.00 the meaning of section 1 of the Shipping bering system^ is that of the Manual. Hogs______1.18 1.60 Act, 1916; and Material that relates solely to internal Whereas, it appears that Trans­ management has not been included. oceanic Agencies grants free storage at 7840 NOTICES its facility at Stockton, California for all All persons (including individuals, duction Act of 1950, as amended, and inbound cargo it solicits and books for corporations, associations, firms, part­ Executive Order 10647 of November 28, Pacific Par East Line, Inc.; and nerships, and public bodies), having an 1955, the following changes have taken Whereas, it appears that States interest in this proceeding and desiring place in my financial interests as re­ Steamship Company, a common carrier to intervene herein, should notify the ported in the F ederal R egister in the by water in foreign commerce of the Secretary of the Board promptly and last six months: United States, is engaged in certain prac­ should file petitions for leave to inter­ A. Deletions: No change. tices relating to the free storage of im­ vene in accordance with Rule 5(n) B. Additions: No change. port cargo at the Port of Oakland, Cali­ (46 CFR 2QL74) of said rules. This statement is made as of Septem­ fornia; and Dated: September 23,1959. Whereas, it appears that Howard Ter­ ber 19,1959. minals furnishes “warehouse, or other, By order of the Federal Maritime George E. Harding. terminal facilities in connection with a Board. S eptember 19,1959. common carrier by water” within the [seal] J ames L, P imper, meaning of section 1 of the Shipping Secretary. [F.R. Doc. 59-8110; Filed, Sept. 28, 1959; Act, 1916; and 8:50 a.m.] Whereas, it appears that Howard Ter­ [F.R. Doc. 59-8107; Piled, Sept. 28, 1959; minals is engaged in a practice which 8:50 a.m.] allows certain shippers to obtain free storage at its facility in Oakland, Cali­ Office of the Secretary fornia; and Whereas, it appears that the aforesaid CONSOLIDATED FREIGHTWAYS, INC., WILBUR F. DUERINGER practices may constitute the granting ET AL. of undue or unreasonable preference or Statement of Changes in Financial advantage to certain persons and locali­ Notice of Agreements Filed for Interests ties, in violation of section 16 of the Approval Shipping Act, 1916, as amended (46 In accordance with the requirements Notice is hereby given that the fol­ of section 710(b) (6) of the Defense Pro­ U.S.C. 815), or may be unjustly discrim­ lowing described agreements have been inatory between shippers or ports, or duction Act of 1950, as amended, and filed with the Board for approval pursu­ Executive Order 10647 of November 28, may constitute unjust or unreasonable ant to Section 15 of the Shipping Act, practices in violation of section 17 of 1955, the following changes have taken 1916 (39 Stat. 733, 46 U.S.C, 814): place in my financial interests as re­ said Act (46 U.S.C. 816); now therefore (1) Agreement No. 8408, between Con­ It is ordered, That the Board, on its ported in the F ederal R egister in the last solidated Freightways, Inc., and Young six months. own motion, enter upon a proceeding of Brothers Division of Oahu Railway and inquiry and investigation pursuant to Land Company, covers an arrangement A. Deletions: No change. section 22 Of the Shipping Act, 1916, as for the transportation of cargo in con­ B. Additions: No change. amended (46 U.S.C. 821), to determine tainers between points in Hawaii, upon ' This statement is made as of Septem­ (1) Whether certain storage practices terms and conditions set forth in the ber 12,1959. of the Pacific Par East Line, Inc., at agreement. Stockton, California, are in violation of (2) Agreement No. 8409, between Con­ W ilbur F. D ueringer. sections 16 and 17 of the Shipping Act, solidated Freightways, Inc., Hawaiian S eptember 12, 1959. 1916, as amended (46 U.S.C. 815, 816), Marine Freightways, Inc., and Young and Brothers Division of Oahu Railway and [F.R. Doc. 59-8052; Filed, Sept. 25, 1959; (2) Whether certain storage practices Land Company, covers an arrangement 8:47 a.m.] of Trans-Oceanic Agencies at Stockton, for the transportation of cargo in con­ California, are in violation of sections tainers between Pacific Coast ports of 16 and 17 of the Shipping Act, 1916, as continental United States and points in amended (46 U.S.C. 815, 816), and Hawaii, with transshipment at Honolulu, L. MASON TURNER (3) Whether certain storage practices upon terms and conditions set forth in of States Steamship Company at Oak­ the agreement. Report of Appointment and Statement land, California, are in violation of sec­ Interested parties may inspect these of Financial Interests tions 16 and 17 of the Shipping Act, agreements and obtain copies thereof at Report of appointment and statement 1916, as amended (46 U.S.C. 815, 816); the Regulation Office, Federal Maritime of financial interests required by section and Board, Washington, D.C., and may sub­ (4) Whether certain storage practices 710(b) (6) of the Defense Production Act mit, within 20 days after publication of of 1950, as amended. of Howard Terminals at Oakland, Cali­ this notice in the F ederal R egister, writ­ fornia, are in violation of sections 16 ten statements with reference to either Report of Appointment and 17 of the Shipping Act, 1916, as of the agreements and their position as 1. Name of appointee: Mr. L. Mason amended (46 U.S.C. 815, 816); and to approval, disapproval, or modification, Turner. It is further ordered, That Pacific Par together with request for hearing should 2. Employing agency: Department of East Line, Inc., T.rans-Oceanic Agencies, such hearing be desired. Commerce, Business and Defense Serv­ States Steamship Company, and Howard Dated: September 23,1959. ices Administration. Terminals be and the same are hereby 3. Datev of appointment: September named respondents in this proceeding, By order of the Federal Maritime 15,1959. that a copy of this order be served on Board. 4. Title of position: Assistant director, each of them, and that notice of this Containers and Packaging Division. proceeding be published in the F ederal [seal] J ames L. P imper, Secretary. 5. Name of private employer: Ameri­ R egister; and can Can Company, 100 Park Avenue, It is further ordered, That this pro­ [F.R. Doc. 59-8108; Filed; Sept. 28, 1959; ceeding be assigned for hearing before 8:50 a.m.] New York 17, New York. an examiner of the Hearing Examiners’ Carlton Hayward, Office at a date to be fixed by the Chief Director of Personnel. Examiner. S eptember 2,1959. Pursuant to the above order, notice is Office of the Secretary hereby given that the hearing herein or­ Statement of Financial Interests dered will be conducted in accordance GEORGE E. HARDING 6. Names of any corporations of which with the Board’s rules of practice and Statement of Changes in Financial procedure, at a date and place to be an­ the appointee is an officer or director or nounced by the Chief Examiner, and a Interests within 60 days preceding appointment recommended ,decision will be issued by In accordance with the requirements has been an officer or director, or in the examiner. of section 710(b) (6) of the Defense Pro­ which the appointee owns or within 60 T uesday, S eptem ber 29, 1959 FEDERAL REGISTER 7841 days preceding appointment has owned does meet the requirements of section heard at the places noted in support of any stocks, bonds, or other financial 202(t) (2) of the Social Security Act (42 or in opposition to questions involved interests; any partnerships in which the U.S.C. 402

that on October 31, 1959, the standard BP-12322; WFOY, St. Augustine, Fla.; BP-12360; NEW, Redwood City, Calif.; Ponce de Leon Broadcasting Co. Has:. 1240 Hometown Broadcasters. Requests: 850 kc, broadcast applications listed below will kc, 250 w, IT. Requests: 1240 kc, 250 w, 1 600 w, DA-1, U. be considered as ready and available for kw-LS, U. BP-12371; WALE, Fall River, Mass.; Narra- processing, and that pursuant to § 1.106 BP-12327; KWYN, Wynne, Ark.; East Ar­ gansett Broadcasting Co. Has: 1400 kc, 250 (b)(1) and 11.361(b) of the Commis­ kansas Broadcasters, Inc. Has: 1400 kc, 250 w, IT. Requests: 1400 kc, 250 w, 500 w-LS, TJ. sion’s rules, an application, in order to W, U. Requests: 1400 kc, 250 w, 1 kw-LS, IT. BP-12373; NEW, South Haven, Mich.; be considered with any application ap­ BP-12328; WSTP, Salisbury, N.C.; WSTP, Radio 940. Requests: 940 kc, 1 kw, DA-Day. pearing on the attached list, must be Inc. Has: 1490 kc, 250 w, IT. Requests: 1490 BP-12376; KSAN, San Francisco, Calif.; substantially complete and tendered for kc, 250 w, 1 kw-LS, U. Golden Gate Broadcasting Corp. Has: 1450 BP-12339; KOMS, Manitou Springs, Colo.; kc, 250 w, IT. Requests: 1450 kc, 250 w, 1 kw- filing at the offices of the Commission in Garden of the Gods Broadcasting Co. Has: LS, U. Washington, D.C., no later than (a) the 1490 kc, 100 w, IT. Requests: 1490 kc, 250 w, close of business on October 30, 1959, or Applications Deleted F rom Public N otice of U. April 9, 1959 (FCC 59-316) (24 F.R. 2842) (b) if action is taken by the Commission BP-12340; WBRE, Wilkes-Barre, Pa.; WERE on any listed application prior to Octo­ Radio, Inc. Has: 1340 kc, 250 w, Day. Re­ BP-11230; WITA, San Juan, .Puerto Rico; ber 31, 1959, no later than the close of quests: 1340 kc, 250 w, 1 kw-LS, U. Electronic Enterprises, Inc. Has: 1140 kc, BP-12341; KBOW, Butte, Mont.; Copper 500 w, U. Requests: 1030 kc, 1 kw, TJ. (De­ business on the day preceding the day leted from above-referenced list by Commis­ on which such actiorj is taken, or (c) the City Radio Co. Has: 1490 kc, 250 w, U. Re­ quests: 1490 kc, 250 w, 1 kw-LS, U. sion action of July 22, 1959, FCC 59-751, day on which a conflicting application BP-12342; WHDL, Olean, N.Y.; WHDL, Inc. 24 F.R. 6167.) was “cut off” because it was timely filed Has: 1450 kc, 250 w, IT. Requests: 1450 kc, BP-11738; NEW, Sacramento, Calif.; North­ for consideration with an application on 250 w, 1 kw-LS, U. ern California Broadcasting Co. Requests: a previous such list. BP-12346; NEW, Ashland, Oreg.; Faith 1030 kc, 500 w, DA-1, U. Tabernacle, Inc. Requests: 1350 kc, 1 kw, (Applications BP-11230 and BP-11738 are Adopted: September 23,1959. Day. in the pending file pursuant to the provisions of the Commission’s Public Notice of August F ederal Communications BP-12347; KMRS, Morris, Minn.; Western Minnesota Broadcasting Co. Has: 1570 kc, 9, 1946 with respect to proposals for 770 kc Commission, and 1030 kc). [seal] Mary Jane Morris, 1 kw, Day. Requests: 1230 kc, 250 w, U, Secretary. BP-12348; KRXL, Roseburg, Oreg.; Ump­ Applications*Deleted F rom Public Notice of qua Broadcasters, Inc. Has: 1240 kc, 250 w, J uly 30 1959 (FCC 59-810) (24 F.R. 6248) Applications P rom T op of P rocessing Lin e IT. Requests: 1250 kc, 5 kw, Day. BP-12351; WJLK, Detroit, Mich.; Booth BP-5827; NEW, Wyandotte, Mich.; Wood­ BP-12238; KSAM, Huntsville, Tex.; Hunts­ Broadcasting Co. Has: 1400 kc, 250 w, U. ward Broadcasting Go. Requests: 850 kc, 5 ville Broadcasting Co. Has: 1490 kc, 250 w, Requests: 1400 kc, 250 w, 1 kw-LS, U. kw, DA-2, TJ. (Is in the pending file pur­ U. Requests: 1490 kc, 250 w, 1 kw-LS, T7. BP-12354; KVLF, Alpine, Tex.; Big Bend suant to the provisions of § 1.351 of the Com­ BP-12250; WILM, Wilmington, Del.; Dela­ Broadcasters. Has: 1240 kc, 250 w, U. Re­ mission rules.) ware Broadcasting Co. Has: 1450 kc, 250 w, quests: 1240 kc, 250 w, 1 kw-LS, U. BP-11845; NEW, Oklahoma City, Okla.; U. Requests: 1450 kc, 250 w, 1 kw—LS, P . BP-12355; NEW, San German, P.R.; Jose (now Sooner State Broadcasting Co.; BP- BP-12251; WRAW, Reading, Pa.; WRAW, Soler. Requests: 1090 kc, 250 w, IT. 13342). Requests: 1210 kc, 10 kw, DA-Day. Inc. Has: 1340 kc, 250 w, U. Requests: BP-12356; WMVG, Milledgeville, Ga.; (Was amended to specify changes in the 1340 kc, 250 w, 1 kw-LS, U. Michael T. Landy. Has* 1450 kc, 250 w, U. directional antenna and was assigned a new BP-12254; NEW, Wheatland, Wyo.; Kowboy Requests: 1450 kc, 250 w, 1 kw-LS, U. file number pursuant to the provisions ot Broadcasting Co. Requests: 1340 kc, 250 w, BP-12361; WGUS, North Augusta, S.C.; § 1.354(h) of the Commission rules.) U. Dixie Broadcasting System. Has: 1600 kc, [F. R. Doc. 59-8123; Filed, Sept. 28, 1959; BP-12261; WNEX, Macon, Ga.; Macon 500 w, Day. Requests: 1380 kc, 1 kw, Day. 8:52 a.m.) i Broadcasting Co. Has: 1400 kc, 250 w, U. BP-12364; KTUR, Turlock, Calif.; KTTJR, Requests: 1400 kc, 250 w, 1 kw-LS, IT. Incorporated. Has: 1390 kc, 1 kw, DA-N, U. BP-12262; WOPI, Bristol, Tenn.; WOPI, Requests: 1390 kc, 5 kw, DA-2, U. Inc. Has: 1490 kc, 250 w, U. Requests: BP-12365; NEW, Ft. Atkinson, Wis.; Shore- [Docket No. 12985; FCC 59M-1234] 1490 kc, 250 w, 1 kw-LS, TJ. wood Broadcasting Corp. Requests: 940 kc, EASTERN IDAHO BROADCASTING BP-12264; WBHF, Cartersville, Ga.; W. R. 1 kw, DA-Day. >* Frier. Has: 1450 kc, 250 w, U. Requests: BP-12366; WBOP, Pensacola, Fla.; Tri- AND TELEVISION CO. 1450 kc, 250 w, 1 kw-LS, U. Cities Broadcasting Co., Inc. Has: 980 kc, BP-12270; WSSC, Sumter, S.C. Radio 500 w, Day. Requests: 980 kc, 1 kw, Day. Order Continuing Hearing Sumter, Inc. Has: 1340 kc, 250 w, U. Re­ BP-12372; NEW, Glen Burnie, Md.; South- quests: 1340 kc, 250 w, 1 kw—LS, U. In re application of Eastern Idaho field Broadcasting Co., Inc. Requests: 1590 Broadcasting and Television Company, BP-12286; WELY, Ely, Minn.; Charles B. kc, 500 w, DA-2, U. Persons. Has: 1450 kc, 250 w, U. Requests: BP-12374; NEW, Black Mountain, N.C.; Idaho Falls, Idaho, Docket No. 12985, 1450 kc, 250 w, 1 kw-LS, U. Mountain View Broadcasting Co. Requests: File No. BPCT-2390; for construction BP-12287; KXRA, Alexandria, Minn.; Alex­ 1350 kc, 500 w, Day. permits for new television broadcast andria Broadcasting Corp. Has: 1490 kc, BP-12375; WEPM, Martinsburg, W. Va.;' stations (Channel 8). 250 w, U. Requests: 1230 kc, 250 w, 1 kw-LS, Martinsburg Broadcasting Co. Has: 1340 The Hearing Examiner having under TJ. ... kc, 250 w, U. Requests: 1340 kc, 250 w, consideration the scheduling of a new BP-12288; WJEF, Grand Rapids, Mich.; 1 kw-LS, IT. date for commencement of hearing; Amalgamated Properties, Inc. Has: 1230 kc, BP-12380; KDNT, Denton, Tex.; "Harwell 250 w, U. Requests: 1230 kc, 250 w, 500 It appearing that a prehearing con­ V. Shepard. Has: 1440 kc, 500 w, 1 kw-LS, ference was held on September 22, 1959, W-LS, U. DA-N, IT. Requests: 1440 kc, 500 w, 5 kw- BP-12290; WMSA, Massena, N.Y.; The LS, DA-N, U. at which was discussed the future prog­ Brockway Co. Has: 1340 kc, 250 w, U. Re­ ress of the proceeding and, among other quests: 1340 kc, 250 w, I kw-LS, U. Applications o n Wh ic h 309(b) Letters Have things, a suitable date was agreed upon BP-12294; WCRS, Greenwood, S.C.; Grenco, Been I ssued as convenient for the parties and the Inc. Has: 1450 kc, 250 w, U. Requests: 1450 BP-12265; WINC, Winchester, Va.; Richard Examiner; and k«, 250 w, 1 kw-LS, TJ. F. Lewis, Jr., Inc. of Winchester. Has: 1400 It further appearing that the date of BP-12297; KROC, Rochester, Minn.; kc, 250 w, U. Requests: 1400 kc, 250 w, October 7, 1959, had already been set Southern Minnesota Broadcasting Co. Has: 1 kw-LS, U. by the Chief Hearing Examiner in his 1340 kc, 250 w, U. Requests: 1340 kc, 250 w, BP-12311; WWIN, Baltimore,, Md.; Belve­ 1 kw-LS, TL- dere Broadcasting Corp. Has: 1400 kc, 250 order of July 29, 1959; BP-12301; WIKB, Iron River, Mich.; Iron w, U. Requests: 1400 kc, 250 w, 1 kw-LS, U. It is ordered, This 22d day of Septem­ County Broadcasting Corp. Has: 1230 kc, BP-12336; WHLF, South Boston, Va.; Hali­ ber 1959, that the hearing scheduled to 250 w, U. Requests: 1230 kc, 250 w, 1 kw-LS, fax Broadcasting Co. Has: 1400 kc, 250 w, commence on October 7 is continued to U. U. Requests: 1400 kc, 250 w, 1 kw-LS, IT. October 12,1959. BP-12309; WJNC, Jacksonville, N.C.; Ons­ BP-12343; WOND, Pleasantville, N.J.; low Broadcasting Corp. Has: 1240 kc, 250 South Jersey Radio, Inc. Has: 1400 kc, 250 Released: September 24,1959. w, U. Requests: 1240 kc, 250 w, 1 kw-LS, U. w, IT. Requests: 1400 kc, 250 w, 1 kw-LS, IT. F ederal Communications i BP-12310; WOKK, Meridian, Miss.; New BP-12352; NEW, Shelbyviile, Ky.; Shelby Commission, South Broadcasting Corp. Has: 1450 kc, 250 Broadcasting Co. Requests: 940 kc, 250 w, [seal] Mary J ane M orris, w, U. Requests: 1450 kc, 250 w, I kw-LS, IT. Day. Secretary. BP-12312; WTTH, Port Huron, Mich.; The BP-12359; NEW, Redwood City, Calif.; Times-Herald Co. Has: 1380 kc, 1 kw, DA-1, Redwood City, Radio, Inc. Requests: 850 kc, [F.R. Doc. 59-8124; Filed, Sept. 28, 1959; y«_ Reauests :1380 kc, 5 kw, DA-2, TJ. 1 kw, DA-1, U. 8:52 a.m.j T u esday, Septem ber 29, 1959 FEDERAL REGISTER 7843 [Docket No. 12110 etc.; FCC 59M-1230] of Crittenden County Broadcasting to be operated by it would not be oper­ GRAND HAVEN BROADCASTING CO. Company, and of Garrett Broadcasting ated by any person other than Indepen­ (WGHN1 ET AL. are mutually exclusive; dent Salmon Canneries, Inc.; and (2) The staff, studio and technical It further appearing that the Com­ Order Governing Course of Hearing, equipment proposals of Birney Imes, Jr.A mission’s above-mentioned letter was Scheduling Pre-Hearing Conference of Newport Broadcasting Company, of sent by Certified Mail, Return Receipt and Hearings Crittenden County Broadcasting Com­ Requested (No. 97217); and pany, and of Garrett Broadcasting Cor­ It further appearing that receipt of In re applications of Grand- Haven poration are each adequate to*effectuate the Commission’s letter was acknowl­ Broadcasting Company (WGHN), Grand the programming proposed; edged by the signature of the licensee’s Haven, Michigan, Docket No. 12110, Pile (3) Evidence adduced under Issue 1 agent, G. K. Davis, on May 22, 1959, to No. BP-11160; Central Michigan Broad­ will be limited to the 2.0 mv/m and 0.5 a Post Office Department return receipt; casting Co., Oil City, Michigan, Docket mv/m contours both as to the respective and No. 12889, Pile No. BP-11132; Harmon proposals herein and to the availability It further appearing that although Leroy Stevens and John P. Wismer d/b of other primary service; more than thirty days have elapsed since as Stevens-Wismer Broadcasting Com­ It further appearing certain agree­ the licensee’s receipt of the Commission’s pany, Caro, Michigan, Docket No. 12890, ments were reached which properly letter, no response thereto has been File No. BP-11315; Earl N. Peterson and should be formalized by order; made; and Pearle C. Lewis d/b as Plat River Broad­ It is ordered, This 22d day of Sep­ It further appearing that in view of casting Company, Greenville, Michigan, tember 1959 that: the foregoing, the licensee has willfully Docket No. 12891, File No. BP-11611; (1) Exhibits to be offered in evidence violated section 308(b) of the Communi­ Lloyd L. Savage, Omer K. Wright, Jae D. in the presehtatioh of the direct af­ cations Act of 1934, as amended; Kitchen and C. Wayne Wright, d/b as firmative cases will be under oath and It is ordered, This 21st day of Septem­ Caro Broadcasting Company, Caro, shall be exchanged among the parties ber, 1959, pursuant to section 312 (a) (4) Michigan, Docket No. 12892, Pile No. BP- and copies thereof supplied the Hearing and (c) of the Communications Act of 11836; Robert F. Benkelman and James Examiner on December 15, 1959; 1934, as amended, and section 0.291(b) A. McCoy d/b as Tuscola Broadcasting (2) The direct cases of the applicants (8) of the Commission’s Statement of Company, Caro, Michigan, Docket No. relative to programming proposals in­ Delegations of Authority, that the said 12893, File No. BP-12013; for construc­ cluding program contacts,^ program licensee show cause why-the licenses for tion permits for standard broadcast sta­ schedules, program descriptions, and the captioned radio stations should not tions. program analyses shall be presented by be revoked and appear and give evidence At a pre-hearing conference held on written, sworn exhibits and, except for in respect thereto at a hearing1 to be September 21, 1959, the following cal­ corrective matters, the direct cases as to held at a time and place to be specified endar governing the future course of this programming proposals shall be deemed by subsequent order; and proceeding was established: frozen as of the date of exchange of It is further ordered, That the Secre­ such exhibits; October 30, 1959, Direct written presenta­ tary send a copy of this order by Certified tion to be furnished other parties and the It is further ordered, That the hearing Mail, Return Receipt Requested to the Examiner; herein is scheduled to commenée on said licensee. November 9, 1959, Further pre-hearing January 18, 1960, commencing at 10:00 Released: September 23, 1959. conference; a.m. in the offices of the Commission at November 16,1959, Hearing. Washington, D.C. F ederal Communications C ommission, So ordered, this 22d day of September, Released: September 24, 1959. 1959. [seal] Mary J ane M orris, F ederal Communications Secretary. Commission, Released: September 23, 1959. [F.R. Doc. 59-8127; Filed, Sept. 28, 1959; [seal] Mary J ane Morris, 8:53 a.m.] F ederal Communications Secretary. Commission, _ [seal] Mary^ J ane Morris, [F.R. Doc. 59-8126; Filed, Sept. 28, 1959; 1 Section 1.62 of the Commission’s rules 8:53 a.m.} provides that a licensee, in order to avail Secretary. himself of the opportunity to be heard, shall, [F.R. Doc. 59-8125; Filed, Sept. 28, 1959; in person or by his attorney, file with the 8:53 a.m.] Commission, within thirty days of the re­ ceipt of the order to show cause, a written [Docket No. 13175] statement stating that he will appear at the [Docket No. 12837 etc.; FCC 59M-1235] hearing and present evidence on the matter INDEPENDENT SALMON CANNERIES, specified in the order. In the event it would BIRNEY IMES, JR., ET AL. INC. not be possible for respondent to appear for hearing in the proceeding if scheduled to be Order Scheduling Hearing Order To Show Cause held in Washington, D.C., he should advise the Commission of the reasons for such in­ In re applications of Birney Imes, Jr., In the matter of Independent Salmon ability within five days of the receipt of this West Memphis, Arkansas, Docket No. Canneries, Inc., Pier 66, Seattle 1, "Wash­ order. If the licensee fails to file an ap­ 12837, Pile No. BP-11465; Nathan Bolton ington, Docket No. 13175; order to show pearance within the time specified, the right and A. R. McCleary, d/b as Morehouse cause why there should not be revoked to a hearing shall be deemed to have been Broadcasting Company (KTRY), Ba­ the licenses for public coast radio sta­ waived. Where a hearing is waived, a writ­ ten statement in mitigation or Justification strop, Louisiana, Docket No. 12838, File tions KXB-77 at Murphy Fish Trap No. may be submitted within thirty days of the No. BP-11924; Newport Broadcasting 1, Ketchikan, Alaska, and KWB-30 at receipt of the order to show cause. If such Company, West Memphis, Arkansas, Ketchikan, Alaska. statement contains, with particularity, Docket No. 12839, File No. 12113'; Crit­ There being under consideration the factual allegations denying or Justifying the tenden County Broadcasting Company, matter of an alleged violation of the facts upon which the show cause order is West Memphis, Arkansas, Docket No. Communications Act of 1934, as based, the Hearing Examiner may call upon 12840, File No. BP-12405; Garrett the submitting party to furnish additional amended; information, and shall request aU opposing Broadcasting Corporation, West Mem­ It appearing that pursuant to section parties to file an answer to the written state­ phis, Arkansas, Docket No. 13057, File 308(b) of the Communications Act of ment and/or additional information. . The No. BP-12987; for construction permits. 1934, as amended, the above-named li­ record will then be closed and an initial de­ It appearing, that a prehearing con­ censee* was requested by letter dated cision issued on the basis of such procedure. ference in the above-entitled matter was May 21, 1959, to furnish a statement un­ Where a hearing is waived and no written held on September 15, 1959, and certain der oath or affirmation, within thirty statement has been filed within the thirty stipulations were entered into as fol­ days from the date of receipt of such let­ days of the receipt of the order to show lows: cause, the allegations of fact contained in ter, concerning, inter alia, the measures the order to show cause will be deemed as (1) The applications of Birney Imes, which it was taking, or had taken, to correct and the sanctions specified in the Jr., of ^Newport Broadcasting Company, assure that the radio stations authorized order to show cause will be invoked. 7844 NOTICES [Docket No. 13189] in respect thereto at a hearing1 to be held In the above-entitled proceeding, pres­ at a time and place to be specified by ently scheduled to commence on October MAURICE JABOUR subsequent order; and 8, 1959, is continued to December 14, Order To Show Cause It is further ordered, That the Secre­ 1959, at 2 p.m., in Washington, D.Ç. tary send a copy of this order by Certi­ Released: September 23,1959. , In the matter of Maurice Jabour, 223 fied Mail, Return Receipt Requested to Elizabeth Street, Key West, Florida, the said licensee. F ederal Communications Docket No. 13189; order to show cause Released: September 23, 1959. • Commission, why there should not be revoked the [seal] Mary J ane M orris, license for Radio Station WC-6038 F ederal Communications Secretary. aboard the vessel “Mattie Jean.” Commission, [F.R. Doc. 59-8129; Filed, Sept. 28, 1959; There being under consideration the [seal! Mary Jane M orris, 8:53 ajn.] matter of certain alleged violations of Secretary. the Commission’s rules in connection with the operation of the above-cap­ [F.R. Doc. 59-8128; Filed, Sept. 28, 1959; 8:53 a.m.] tioned station; [Docket No. 12938; FCC 59M-1227] It appearing that pursuant to section 1.61 of the Commission’s rules, written KVFC, INC. (KVFC) notice of violation of the Commission’s rules was served upon the above-named [Docket Nos. 13072-13075; FCC 59M-1225] Order Continuing Hearing licensee as follows: JEFFERSON STANDARD BROADCAST­ In re application of KVFC, Incorpo­ Official Notice of Violation dated April rated (KVFC), Cortez, Colorado, Docket 21, 1959, calling attention to violations ING CO. ET AL. No. 12938, File No. BP-11847; for con­ (observed April 14,1959) of the following struction permit. Commission rules: Order Continuing Hearing It is ordered, This 22d day of Septem­ Section 8.366(a) : There was no evi­ In re applications of Jefferson Stand­ ber 1959, that, upon oral request by dence that a radiotelephone log of com­ ard Broadcasting Company, Greensboro, counsel for the Commission’s Broadcast munications has been maintained. North Carolina, Docket No. 13072, File Bureau and with the agreement of coun­ Section 8.367(a) (2): A copy of Part 8 No. BPCT-2549; High Point Television sel for the applicant, the hearing in the of the Commission’s rules was not avail­ Company, High Point, North Carolina, above-entitled matter presently sched­ able on board the vessel at the time of Docket No. 13073, File No. BPCT-2560; uled for September 30, 1959 is hereby inspection. Southern Broadcasters, Inc., High Point, rescheduled to commence at 10:00 a.m„ Section 8.368(a) (5): Official station North Carolina, Docket No. 13074, File October 20, 1959, in the Commission’s log entries were not made to indicate No. BPCT-2579; Hargrove Bowles, Jr.f offices in Washington, D.C. periods of time when a listening watch James G. W. MacLamroch, Robert Ham­ Released: September 23,1959. was maintained on the frequency 2182 ilton Nutt and Ralph C. Price, d/b as kc. Tricities B r o a d c a s t i n g Company, F ederal Communications It further appearing that the above- Greensboro, North Carolina, Docket No. Commission, named licensee received said Official no­ 13075, File No. BPCT-2605; for construc­ [seal] Mary J ane Morris, tice but did not make satisfactory reply tion permits for television broadcast sta­ Secretary. thereto, whereupon the Commission, by tions (Channel 8). [F.R. Doc. 59-8130; Filed, Sept. 28, 1959; letter dated June 5, 1959, and sent by It is ordered, This 21st day of Septem­ 8:53 aju.} Certified Mail, Return Receipt Requested ber 1959, that pursuant to agreement of (No. 1-21559), brought this matter to counsel arrived at during the prehearing the attention of the licensee and re­ conference held on this date, the hearing quested that such licensee respond to the [Docket No. 12990; FCC 59M-1236] Commission’s letter within fifteen days 1 Section 1.62 of the Commission’s rules from the date of its receipt stating the provides that a licensee, in order to avail MASSACHUSETTS STEEL TREATING measures which had been taken, or were himself of the opportunity to be heard, shall, CORP. in person or by his attorney, file with the being taken, in order to bring the opera­ Order Continuing Hearing tion of the radio station into compliance Commission, within thirty days of the receipt of the order to show cause, a written state­ with the Commission’s rules, and warn­ ment stating that he' will appear at the In the matter of cease and desist order ing the licensee that his failure to re­ hearing and present evidence on the matter to be directed to Massachusetts Steel spond to such letter might result in the specified in the order. In the event it would Treating Corp., 118 Harding Street, institution of proceedings for the revo­ not be possible for respondent to appear for Worcester, Massachusetts, Docket No. cation of the radio station license; and hearing in the proceeding if scheduled to be 12990. It further appearing that receipt of held in Washington, D.C., he should advise The Hearing Examiner having under the Commission’s letter was acknowl­ the Commission of the reasons for such in­ consideration a request filed by the Com­ ability within five days of the receipt of this mission’s Field Engineering and Monitor­ edged by the signature of the licensee order. If the licensee fails to file an appear­ on June 8, 1959, to a Post Office Depart­ ance within the time specified, the right to ing Bureau on September 18, 1959, re­ ment return receipt; and a hearing shall be deemed to have been questing that the hearing in the above- It further appearing that although waived. Where a hearing is waived, a written entitled proceeding now scheduled for more than fifteen days have elapsed statement in mitigation or justification may October 2, 1959, be postponed indefi­ be submitted within thirty days of the receipt nitely;1 and since the licensee’s receipt of the Com­ of the order to show cause. If such state­ It appearing that the respondent has mission’s letter, no response was made ment contains, with particularity, factual informed the Commission by letter dated thereto; and allegations denying or justifying the facts upon which the show cause order is based, September 14,1959; that respondent filed It ^further appearing that in view of the Hearing Examiner may call upon the a timely appearance in this proceeding; the foregoing, the licensee has willfully submitting party to furnish additional in­ that respondent now has in operation a violated § 1.61 of the Commission’s rules; formation, and shall request all opposing new induction heater certified by the It is ordered, This 21st day of Septem­ parties to file an answer to the written state­ General Electric Company as complying ber 1959, pursuant to section 312 (a) (4) ment and/or additional information. The with the Commission’s rules ; and that by record will then be closed and an Initial de­ October 1, 1959, the equipment which the and (c) of the Communications Act of cision issued on the basis of such procedure. 1934, as amended, and §0.291 (b)(8) of Where a hearing is waived and no written the Commission’s Statement of Delega­ statement has been filed within the thirty 1 The Bureau’s request for an indefinite days of the receipt of the order to show postponement of the hearing is set forth in a tions of Authority, that the said licensee cause, the allegations of fact contained In document entitled “Withdrawal of Petition show cause why the license for the above- the order to show cause will be deemed as for Issuance of Initial Decision” that was captioned Radio Station should not be correct and the sanctions specified in the filed by the Bureau in this proceeding on revoked and appear and give evidence order to show cause will be invoked. September 18, 1959. Tuesday, September 29, 1959 FEDERAL REGISTER 7845

respondent has been charged with using October 30,1959, be and it is hereby con­ 13190; order to show cause why there in violation of the Commission’s rules, tinued to a date to be fixed at the pre- y should not be revoked the license for Ra­ will be removed from its plant; and hearing conference. dio Station WC-2958 aboard the vessel It further appearing that in light o'f Released: September 23, 1959. “Jackie B.” the above-described information sub­ There being under consideration the mitted by respondent to the Commission, F ederal Communications matter of certain alleged violations of the the Bureau has withdrawn its Petition Commission, Commission’s rules in connection with of September 11, 1959, for issuance of an [seal] .Mary J ane M orris, the operation of the above-captioned Initial Decision; and Secretary. station; It further appearing that under the [F.R. Doc. 59-8132; Filed, Sept. 28, 1959; It appearing that pursuant to § 1.61 circumstances shown above, a grant of 8:53 a.m.] of the Commission’s rules, written notice the Bureau’s subject request would be of violation of the Commission’s rules appropriate; was served upon the above-named licen­ Accordingly, it is ordered, This 23d day see as follows: of September 1959, that the request of [Docket No. 12695; FCC 59M-1228] Official Notice of Violation dated April the Bureau for an indefinite postpone­ 21, 1959, calling attention to violations ment of the hearing in this proceeding RADIO MISSOURI CORP. (WAMV) (observed April 15, 1959)- of the follow­ is granted, and the hearing now sched­ Order Scheduling Hearing ing Commission rules: uled for October 2, 1959, is continued Section 8.21: Transmitter equipment indefinitely. In re application of Radio Missouri installed not the same as that authorized Corporation (WAMV), East St. Louis, Released: September 24, 1959. by the station license. Illinois, Docket No. 12695, File No. BP- Section 8:367(a) (2): A copy of Part 8 F ederal Communications 12193; for a construction permit. of the Commission’s rules was not avail­ Commission, The Hearing Examiner having under able on board the vessel at the time of [seal] M ary J ane M orris, consideration matters considered at the inspection. Secretary. prehearing conference held herein on Section 8.368(a): There was no evi­ [F.R. Doc. 59-8131; Filed, Sept. 28, 1959; September 22,1959; dence that q, radio telephone log of cbm- 8:53 a.m.] It is ordered, This 22d day of Septem­ munications had been maintained. ber 1959, that the hearing herein is Section 8.368(a) (5): Official station scheduled for October 15, 1959, at 10:00 log entries were not made to indicate a.m. periods of time when a listening watch [Docket No. 13056; FCC 59M-1226] Released: September 23,1959. was maintained on the frequency 2182 kc. NATIONAL BROADCASTING CO., INC. F ederal Communications It further appearing that the above- (WRCA) Commission, named licensee received said Official [seal] Mary J ane Morris, Order Continuing Pre-Hearing notice but did not make satisfactory re­ Secretary. ply thereto, whereupon the Commission, Conference and Hearing [F.R. Doc. 59-8133; Filed, Sept. 28, 1959; by letter dated June 5, 1959 and sent by In re application of National Broad­ 8:53 a.m.] Certified Mail, Return Receipt Requested casting Company, Inc. (WRCA), New (No. 1-21558), brought this matter to York, New York, Docket No. 13056, File the attention of the licensee and re­ No. BP-11796; for construction permit. quested that such licensee respond to the The Hearing Examiner having under [Docket No. 13180; FCC*59M-1188] Commission’s letter within fifteen days from the date of its receipt stating the consideration a motion filed on Septem­ RODNEY F. JOHNSON (KWJJ) ber 17, 1959 by National Broadcasting • measures which had been taken, or were Company, Inc., requesting that the pre- Order Scheduling Prehearing being taken, in order to bring the opera­ hearing conference in the above-entitled Conference tion of the radio station into compliance proceeding presently scheduled for Sep­ with the Commission’s rules, and warn­ tember 23, 1959, be continued to October In re application of Rodney F. John­ ing the licensee that his failure to re­ 23, 1959; son (KWJJ), Portland, Oregon, Docket spond to such letter might result in the It appearing that counsel for the No. 13180, File No. BP-12056; for con­ institution of proceedings for the revoca­ Broadcast Bureau has informally agreed struction permit. tion of the radio station license; and to a waiver of the four-day requirement It is ordered, This 16th day of Septem­ It further appearing that receipt of the of § 1.43 of the Commission’s rules and ber 1959, that, pursuant to § 1.111 of the Commission’s letter was acknowledged by consented to a grant of the instant mo­ Commission’s rules, a prehearing con­ the signature of the licensee on June 12, tion, and good cause has been shown for ference will be held in the above-entitled the proposed continuance; matter commencing at 2:00 p.m., Oc­ 1959 to a Post Office Department return It further appearing that the date of tober 19,1959, in the Commission’s offices receipt; and October 23, 1959 is.not available to the at Washington, D.C. It further appearing that although more than fifteen days have elapsed since Hearing Examiner; Released: September 17,1959. It further appearing that wfiile the the licensee’s receipt of the Commission’s motion for continuance of the prehearing F ederal Communications letter, no response was made thereto; conference does not request a continu­ Commission, ahd ance of the hearing date, such con­ [seal] Mary J ane M orris, It further appearing that in view of tinuance is necessary f Secretary. the foregoing, the licensee has willfully It is ordered, This 21st day of Septem­ [F.R. Doc, 1>9-8134; Filed, Sept. 28, 1959; violated § 1.61 of the Commissiori’s rules; ber 1959, that the motion insofar as it 8:53 a.m.] It is ordered, This 21st day of Septem­ requests a continuance of the prehearing ber 1959, pursuant to section 312 (a) (4) conference in the above-entitled pro­ and (c) of the Communications Act of ceeding be and the same is hereby [Docket No. 13190] 1934, as amended, and section granted, and the prehearing conference 0.291(b) (8) of the Commission’s State­ be and it is hereby continued to Novem­ WILLIAM S. WELLS, JR. ment of Delegations of Authority, that ber 5, 1959, at 10 a.m., in Washington, the said licensee show cause why the li­ Order To Show Cause D.C. cense for the above-captioned Radio Sta­ It is further ordered, That the hearing In the matter of William S. Wells, Jr., tion should not be revoked and appear Presently scheduled to commence on Southport. North Carolina, Docket No. and give evidence in respect thereto at No. 190------6 7846 NOTICES a hearing1 to be held at a time and place interest equal to the Bank’s prime rate The increased rate and charge so pro­ to be specified by subsequent order; and for 90-day to 180-day prime commercial posed has not been shown to be justified, It is further ordered, That the Secre­ loans. The funds received from the first and may be unjust, unreasonable, un­ tary send a copy of this order by Certified issuance of the aforesaid notes will be duly discriminatory, or preferential, or Mail, Return Receipt Requested to the used by Applicant to refund all notes otherwise unlawful. said licensee. outstanding on October 31, 1959, under The Commission finds: It is necessary loan agreement of September 16, 1958. and proper in the public interest and to Released: September 23, 1959. Except for this refunding borowing, the aid in the enforcement of the provisions F ederal Communications proceeds from the $15,000,000 credit, or of the Natural Gas Act that the Com­ Commission, such portion as may be borrowed from mission enter upon a hearing concern­ [ seal] Mary J ane M orris, time to time, will be applied by Applicant ing the lawfulness of the said proposed Secretary. as interim financing to the »payment of change, and that Supplement No. 11 to Cities Service’s FPC Gas Rate Schedule [F.R. Doc. 59-8135; Filed, Sept. 28, 1959; the costs of additions, betterments and 8:53 a.m] improvements to Applicant’s properties. No. 3 be suspended and the use thereof Any person desiring to be heard or to deferred as hereinafter ordered. make any protest with reference to said The Commission orders: application should, on or before the 10th (A) Pursuant to the authority of the FEDERAL POWER COMMISSION day of October 1959, file with the Federal Natural Gas Act, particularly sections [Docket No. E-6801] Power Commission, Washington 25, D.C., 4 and 15 thereof, the Commission’s rules petitions or protests in accordance with and practice and procedure, and the CALIFORNIA ELECTRIC POWER CO. the requirements of the Commission’s regulations under the Natural Gas Act rules of practice and procedure (18 CFR (18 CFR Ch. I), a public hearing be held Notice of Application 1.8 or 1.10). The application is on file upon a date to be fixed by notice from S eptember 22, 1959. and available for public inspection. the Secretary concerning the lawfulness of the proposed increased rate and Take notice that on September 16, Joseph H. O utride, charge contained in Supplement No. 11 1959, an application was filed with the Secretary. Federal Power Commission pursuant to to Cities Service’s FPC Gas Rate Sched­ [F.R. Doc. 59-8084; Filed, Sept. 28, 1959; ule No. 3. section 204 of thé Federal Power Act by 8:47 a.m.] California Electric Power Company (B) Pending such hearing and deci­ (“Applicant”), a corporation organized sion thereon, said supplement be and it under the laws of the State of Delaware is hereby suspended and the use thereof deferred until February 25, 1960, and and authorized to do business in the [Docket No. G—19477] States of California, Nevada and Ari­ until such further time as i t " is made zona, with its principal business office at CITIES SERVICE PRODUCTION CO. effective in the manner prescribed by the Natural Gas Act. San Bernardino, California, seeking an ET AL. order authorizing the issuance of not to (C) Neither the supplement hereby exceed $15,000,000 in aggregate princi­ Order for Hearing and Suspending suspended nor the rate schedule sought pal amount of promissory notes. Appli­ Proposed Change in Rates to be altered thereby shall be changed cant proposes to issue the aforesaid notes Until this proceeding has been disposed S eptember 22, 1959. ' to the Bank of America National Trust of or until the period of suspension has and Savings Association (“Bank”) in Cities Service Production Company expired, unless otherwise ordered by the varying amounts beginning December (Operator) et-al. (Cities Service) on Au­ Commission. 1959 and ending October 1960. Each gust 25, 1959, tendered for filing a pro­ (D) Interested State commissions may note will mature within twelve months posed change in its presently effective participate as provided by §§ 1.8 and 1.37 from the date of issuance and shall bear rate schedule1 for sales of natural gas (f) of the Commission’s rules of practice subject to the jurisdiction of the Com­ and procedure (18 CFR 1.8 and 1.37(f)). 1 Section 1.62 of the Commission's rules mission. The proposed change, which By the Commission. provides that a licensee, in order to avail constitutes an increased rate^and charge, himself of the opportunity to be heard, shall, is contained in the following designated J oseph H. Gutride, in ^person or by his attorney, file with the filing: Secretary. Commission, within thirty days of the re­ Description: Notice of change, dated Au­ [F.R. Doc. 59-8085; Filed, Sept. 28, 1959; ceipt of the order to show cause, a written gust 21, 1959. 8:47 a.m.] statement stating that he will appear at the Purchaser: El Paso Natural Gas Company. hearing and present evidence on the matter Rate schedule designation: Supplement specified in the order. In the event it would No. 11 to. Cities Service’s FPC Gas Rate not be possible for respondent to appear for Schedule No. 3. [ Docket No. G—16366 ] hearing in the proceeding if scheduled to be Effective date: September 25, 1959 (stated held in Washington, D.C., he should advise effective date is the effective date proposed KIRBY PRODUCTION CO. the Commission of the reasons for such in­ by Cities Service). ability within five days of the receipt of this Notice of Application and Date of order. If the licensee fails to file an appear­ In support of the proposed favored- Hearing ance within the time specified, the right to a nation rate increase, Cities Service sub­ hearing shall be deemed to have been waived. mits a letter dated August 6, 1959, from September 22, 1959. Where a hearing is waived, a written state­ ment in mitigation or justification may be El Paso Natural Gas Company (El Paso) Take notice "that on September 19, submitted within thirty days of the receipt stating that it began paying the rate of 1958, Kirby Production Company (Kir­ of the order to show cause. If such state­ 13.7836 cents per Mcf, exclusive of tax by), (Applicant), a non-operator, filed ment contains, with particularity, factual reimbursement, within the favored- an application for a certificate of public allegations denying or justifying the facts nation area, subject to refund, and ad-) convenience and necessity, pursuant to upon which the show cause order is based, vising that such rate is based upon section 7 (c) of the Natural Gas Act, au­ the Hearing Examiner may call upon the spiral escalation increased rates of Phil­ submitting party to furnish additional in­ thorizing the Applicant to sell natural formation, and shall request all opposing lips Petroleum Company which are being gas as hereinafter described, subject to parties to file an answer to the written state­ contested by El Paso. In addition, Cities the jurisdiction of the Commission, all ment and/or additional information. The Service states that the increased, rate as more fully represented in the applica­ record will then be closed and an initial is provided by a contract negotiated at tion, as amended, which is on file with decision issued on the basis of such proce­ arm’s length and that such increased the Commission and open to public in­ dure. Where a hearing, is waived and no rate is less than the going price for gas spection. written statement has been filed within the Applicant proposes to sell natural gas, thirty days of the receipt of the order to show in the area. cause, the allegations of fact contained in attributable to its 12.5 percent working the order to show cause will be deemed as 1 Present rate previously suspended and interest, to Natural Gas Pipeline Com­ correct and the sanctions specified in the is in effect subject to refund in Docket No. pany of America (Natural) from the order to show cause will be invoked. G-14097. McDonald Unit located in the Camrick Tuesday, September 29, 1959 FEDERAL REGISTER 7847 Southeast Pool, Beaver County, Okla­ are contained in the following designat­ [Docket No. G-9892 etc.] homa. The proposed saleNvould be made ed filings: SOUTH GEORGIA NATURAL GAS CO. pursuant to a ratification agreement of Description : Notices of change, undated. ET AL. a sales contract between the, unit opera­ Purchaser: Tennessee Gas Transmission tor, The Atlantic Refining Company Company. Order Reopening Proceeding, Provid­ (Atlantic), and Natural. Atlantic had Rate schedule designation: Supplement ing for the Receipt of Additional been granted a certificate to sell gas to No. 3 to Sohio’s FPC Gas Rate Schedule No. Natural in Docket No. G-9980. 3. Supplement No. 3 to Sohio’s FPC Gas Evidence and Fixing Date for Pro­ Concurrently with the filing of its ap­ Rate Schedule No. 4. Supplement No. 5 to tests Thereto Sohio’s FPC Gas Rate Schedule No. 9. S eptember 21,1959. plication, the Applicant submitted the Effective date: November 1, 1959 (stated aforementioned contract proposing an effective date is the effective date proposed In the matters of South Georgia Nat­ initial rate of 16.4 cents per Mcf. Said by Sohio). ural Gas Company, Docket No. G-9892; contract is on file with the Commission, Southern Natural Gas Company, Docket designated as Kirby’s FPC Gas Rate In support of the proposed redeter­ No. G-14587; Secure Trusts, Docket No. Schedule No. 12'and Supplement No. 1 mined rate increases, Sohio states that G-14903; Estate of Lyda Bunker Hunt, thereto. On June 17, 1959, the Appli­ its redetermined rate" is provided for by Deceased, Docket No. G-14904; H. L. cant filed an amendment to its applica­ its contracts and that such rate is in line Hunt, Docket No. G-14905; The Texas tion requesting among other things, that with the price being paid to other sellers Company,1 Docket No. G-15038 ; Olin Gas a rate of 16.0 cents per Mcf be substituted in the area. In addition, Sohio submits Transmission Corporation, Docket No. for the 16.4 cents per Mcf. a letteï from Tennessee Gas Transmis­ G-15110; Earl G. Bateman d/b/a Bate­ This matter is one that should be dis­ sion Company agreeing to the proposed man Drilling Company, Operator, et al., posed of as promptly as possible under redetermined rate increases effective Docket No. G-15141; Hunt Oil Company, the applicable rules and regulations and November 1, 1959. \Operator, Docket No. G-15146; The Cali- to that end: The increased rates and charges so Tornia Company, Docket No. G-16680; Take further notice that, pursuant to proposed have not been shown to be just­ Placid Oil Company, Docket No, G-17746 ; the authority contained in and subject ified, and may be unjust, unreasonable, Gulf Oil Corporation, Docket No. to the jurisdiction conferred upon the unduly discriminatory, or preferential, G-17760. Federal Power Commission by section 7 or otherwise unlawful. On August 28, 1959, the City of Lump­ and 15 of the Natural Gas Act, and the The Commission finds: It is necessary kin, Georgia, filed an application for Commission’s rules of practice and pro­ and proper in the public interest and to rehearing of the Commission’s Opinion cedure, a hearing will be held on October aid in the.enforcement of the provisions No. 325 and- accompanying order issued 26, 1959, at 9:30 a m., e.s.t., in a hear­ of the Natural Gas Act that the Commis­ in the above-entitled proceedings on ing room of the Federal Power Commis­ sion enter upon a hearing concerning the August 7, 1959. In that opinion and ac- sion, 441 G Street NW., Washington, lawfulness of the said proposed changes, companing order we denied the request D.C., concerning the matters involved and that Supplement No. 3 to Sohio’s of the City of Lumpkin for an allocation in and the issues presented by such ap­ FPC Gas Rate Schedules Nos. 3 and 4, of natural gas from the system of South plication: Provided, however, That the respectively, and Supplement No. 5 to Georgia Natural Gas Company upon a Sohio’s FPC Gas Rate Schedule No. 9, be finding that the City had failed to show Commission may, after a non-contested suspended and the use thereof deferred upon the record that its proposed project hearing, dispose of the proceedings pur­ as hereinafter ordered. would be economically feasible because suant to the provisions of § 1.30(c) (1) The Commission orders: it would have a minimum debt service or (2) of the Commission’s rules of prac­ (A) Pursuant to the authority of the coverage ratio of less than 1.5. tice and procedure. Under the procedure Natural Gas Act, particularly sections 4 In its application herein Lumpkin al­ herein provided for, unless otherwise ad­ and 15 thereof, the Commissioif’s rules leges that since the record in this pro­ vised, it will be unnecessary for Appli­ of practice and procédure, and the regu­ ceeding was closed, the City has received cant to appear or be represented. lations under the Natural Gas Act (18 numerous subscriptions for service and Protests or petitions to intervene may CFR Ch. I ) , a public hearing be held paid deposits therefor from 297 prospec­ be filed with the Federal Power Com­ upon a date to be fixed by notice from the tive customers for gas. Upon this basis Secretary concerning the lawfulness of Lumpkin would have a debt service cov­ mission, Washington 25, D.C., in accord­ erage ratio of not less than 1.89 the third ance with the rules of practice and pro­ the proposed increased rates and charges contained in Supplement No. 3 to So­ year, and 1.96 the fifth year. With its cedure (18 CFR 1.8 or 1.10) on or before application, Lumpkin filed a revised en­ October 16, 1959. Failure of any party hio’s FPC Gas Rate Schedules Nos. 3 and 4, respectively, and Supplement No. 5 to gineering report which it offers to sup­ to appear at and participate in the hear­ Sohio’s FPC Gas Rate Schedule No. 9. port the allegations therein and the ing shall be construed as waiver of and (B) Pending such hearing and decision certification of South Georgia’s proposed concurrence in omission herein of the thereon, said supplements be and they sale to it. Accordingly, Lumpkin re­ intermediate decision procedure in oases are each hereby suspended and the use quests that the Commission approve the where a request therefor is made. sale of gas to it by South Georgia without thereof deferred until April 1, 1960, and further hearing, or alternatively, grant J oseph H* G utride, until such further time as they are made the rehearing requested and permit Secretary. effective in the manner prescribed by the Lumpkin to adduce the new and addi­ [F.R. Doc. 59-8086; Filed, Sept. 28, 1959; Natural Gas Act. tional evidence. 8:47 a.m.] (C) Neither the supplements hereby It thus appears that Lumpkin desires suspended nor the rate schedules sought to avail itself of the opportunity we said to be altered thereby shall be changed in Opinion No. 325 would be available to until this proceeding has been disposed of it, to make a future showing, if it is able [Docket No. G-19478] or until the periods of suspension have to do so, of a project that is economically feasible. SOHIO PETROLEUM CO. expired, unless otherwise ordered by the Commission. Upon consideration of the application Order for Hearing and Suspending (D) Interested State commissions may for rehearing including the revised engi­ Proposed Changes in Rates neering report submitted therewith we participate as provided by §§1.8 and find and determine as hereinafter pro­ S eptember 22,^1959. 1.37 (f) of the Commission’s rulès of prac­ vided. tice and procedure (18 CFR 1.8 and The Commission finds: It is necessary Sohio Petroleum Company (Sohio) on 1.37(f) ). August 27, 1959, tendered for filing pro­ and appropriate to carry out the provi­ By the Commission. sions of the Natural Gas Act and the posed changes in its presently effective public convenience arid necessity require rate schedules for sales of natural gas J oseph H. G utride, that the record in this proceeding be re­ ¡subject to the jurisdiction of the Com­ Secretary. opened and that the additional evidence mission. The proposed changes, which [F.R. Doc. 59-8087; Filed, Sept. 28, 1959; constitute increased rates and charges, 8:47 a.m.] 1 Now Texaco Inc. 7848 NOTICES submitted by the City of Lumpkin should Applicant is an engineering and licens­ It is further proposed that the author­ be received in evidence as a part of the ing company providing development ized shares of applicant’s common, stock record in this proceeding without further services for manufacturers seeking new will be increased to 3,000,000 shares and hearing provided that no protest to such products, largely in the field of heat that a total of 468,812 shares of capital action is received within the time here­ transfer and thermomechanics. The stock of applicant will be sold to the pur­ inafter fixed. following table shows, as of August 31, chasers of the $100,000 of 6 percent Sub­ The Commission orders: The record 1958, its outstanding securities and the ordinated Notes at a price of one-tenth in the above-entitled proceedings is here­ amount thereof held by Research: of one cent per share. These purchasers by reopened and the additional evidence and the management of applicant have submitted by the City of Lumpkin, as de­ Security Total out­ Held by agreed that 31,254 of the 468,812 shares scribed above and more fully described standing research so purchased should be transferred to the in the application for rehearing filed holders of the $20,000 in principal herein, including the revised engineering Ten-year 5% subordinated in- amount of Five-Year 6 Percent Notes $50,000 $32,752 of applicant. Since this $20,000 in Notes report should be received in evidence and . 20,000 -\ 10,000 made a part of the record in these pro­ 468,812 105,220 is held in equal amounts by Research and ceedings provided that no protest to the Nathan W. Levin, a director and stock­ holder of applicant, Research and Mr. receipt thereof in evidence^ is received This capital structure of applicant re­ from any party or parties to these pro­ Levin will each receive 15,627 shares. sulted from a Plan of Reorganization It is further provided that applicant ceedings within ten (10) ^days after the which was the subject of an order issued date this order is issued. will enter into an agreement with Re­ by the Commission on July 7, 1959 (In­ search and Mr. Levin as holders of the By the Commission. vestment Company Act Release No. 2896) $20,000 of Five-Year 6 Percent Notes pur­ granting exemption from the prohibi­ suant to which such Notes will be sub­ J oseph H. Outride, tions of section 17 (a) of the Act. Secretary. ordinated to all debts and obligations of Applicant now proposes to borrow applicant to banks, trust companies, JF.R. Doc. 59-8088; Filed, Sept. 28, 1959; (from persons other than Research) lending institutions and other financing 8:47 a.m.] $100,000 for which it would issue a total organizations (including factors) pay­ of $100,000 principal amount 6 percent able currently or having a maturity of Subordinated Notes maturing five years less than one year and to all debts and from date of issue. Upon the consent [Docket No. G-16283] other obligations of applicant arising in writing of the holders of at least 97 in the normal course of trade. Research TENNESSEE GAS TRANSMISSION CO. percent in principal amount of outstand­ and Mr. Levin have indicated their will­ ing Ten-Year 5 percent Subordinated ingness to accept this modification of Notice of Postponement of Hearing Income Debentures, Debentures held by their Notes. S eptember 22,1959. such consenting debenture holders would The Board of Directors have also ap­ be amended (a) by including in the defi­ proved a proposal to grant to Mac- - Upon consideration of the request filed nition of “Senior Debt” (i) the principal September 22, 1959, by Counsel for Ten­ Cracken an option to purchase, at any of and interest on the $100,000 principal time within five years from the date of nessee Gas Transmission Company for amount of 6 percent Subordinated Notes postponement of the hearing now sched­ such option, 134,000 shares of stock of to be issued and the principal of and applicant at 19 cents per share on such uled for September 23,1959, in the above- interest on any other 6 percent Subordi­ designated matter; terms as will qualify the option as a nated Notes of applicant that may from “restricted stock option” within the The hearing in the above-designated time to time be issued (provided, how­ matter now scheduled for September 23, meaning of section 421 of the Internal ever, that the aggregate principal Revenue Code. The proposed option will 1959, is postponed to a date to be here­ amount of 6 percent Subordinated Notes after fixed by further notice. be submitted for stockholder approval that would constitute Senior Debt at any at the same time as the new financing J oseph H. Gutride, time would not exceed $400,000) and (ii) plan. Secretary. all debts and other obligations of appli­ Generally speaking, section 17(a) of [F.R. Doc. 59-8089; Filed, Sept. 28, 1959; cant to banks, trust companies, lending the Act prohibits an affiliated person of 8:47 a,m.] institutions and other financing organi­ a registered investment company from zations (including factors) payable purchasing from, or selling to, such currently or having a maturity of less registered investment company, any se­ than one year and (b) by providing curity, with certain exceptions, unless SECURITIES AND EXCHANGE that all of the new 6 percent Sub­ the Commission upon application pur­ ordinated Notes as well as all of the suant to section 17(b) of the Act, grants COMMISSION existing Five-Year 6 percent Notes must an exemption from section 17(a) of the [File No. 812-1252] be paid in full before any Debentures Act after finding that the terms of the may be prepaid at the option of appli­ proposed transaction, including the con­ AMERICAN RESEARCH AND DEVEL­ cant. The Ten-Year 5 percent Subordi­ sideration to be paid, afe reasonable and OPMENT CORP. and JET-HEET, nated Income Debentures held by Re­ fair and do not involve overreaching on INC. search would be affected by this change the part of any person concerned, that in the definition of Senior Debt since Re­ the proposed transaction is consistent Notice of Application for Order Ex­ search has indicated thaj; it will consent with the policy of each registered in­ empting Transactions Between Af­ to the change. vestment company concerned, as recited filiates The $100,000 of 6 percent Subordinated in its Registration Statement and reports Notes will be purchased by a small group filed under the Act, and is consistent S eptember 25,1959. of investors including Calvin D. Mac- with the general purposes of the Act. Notice is hereby given that Jet-Heet, Cracken, President of applicant, and cer­ Because of the holding of more than 5 Inc. (“Applicant”), an affiliated person tain of the members of its Board of Di­ percent of the Common Stock of appli­ of American Research and Development rectors. Applicant up to the present time cant by Research, the two companies are Corporation (“Research”) , Boston, Mas­ has not entered into any negotiations or affiliated persons-of each other, as de­ sachusetts, a registered closed-end, non- made any arrangements with respect to fined in the Act; hence the transactions diversified investment company, which the sale of the remaining $300,000 of between them are prohibited under sec­ owns more than 5 percent of applicant's 6 percent Subordinated Notes to which tion 17(a) unless the Commission grants voting securities, has filed an application the Ten-Year 5 Percent Subordinated In­ the application pursuant to section 17(b) pursuant to section 17(b) of the Invest­ come Debentures may be subordinated, of the Act. ment Company Act of 1940 (“Act”) re­ but it is contemplated that such remain­ Notice is hereby given that any in­ questing an order exempting the trans­ ing Notes will be issued at such times terested person may, not later than actions summarized below from the pro­ as funds are required by applicant and October 2, 1959 at 12:30 pm., submit to visions of section 17(a) of the Act. purchasers for the Notes can be found. the Commission in writing a request for Tuesday, September 29, 1959 FEDERAL REGISTER 7849 a hearing on the matter accompanied by cracking stock, tank-car loads from Bill­ sideration of the following' numbered a statement as to the nature of his in­ ings, East Billings, and Laurel, Mont., to proceedings within 20 days from the date terest, the reason for such request and Chicago and Rockford, 111., and Sheboy­ of publication of this notice. Pursuant the issues, if any, of fact or law proposed gan, Wis. to section 17(8) of the Interstate Com­ to be controverted, or he may request Grounds for relief: Carrier market merce Act, the filing of such a petition that he be notified if the Commission competition. will postpone the effective date of the should order a hearing thereon. Any Tariff: Supplement 50 io Trans-Conti­ order in that proceeding pending its dis­ such communication should be ad­ nental Freight Bureau, Agent, tariff position. The matters relied upon by dressed: Secretary, Securities and Ex­ I.C.C. 1604. petitioners must be specified in their change Commission, Washington 25, FSA No. 35710: Lumber from and to petitions with particularity. D.C. At any time after said date, as points in western territory. Filed by No. .MC-FC 62400. By order of Sep­ provided by Rule 0-5 of the rules and Western Trunk Line Committee, Agent tember 22, 1959, the Transfer Board ap­ regulations promulgated under the Act, (No. A-2082), for interested rail carriers. proved the transfer to South Branch an order disposing of the application Rates on lumber and articles taking lum­ Motor Freight, Inc., Moorefield, W. Va., herein may be issued by the Commission ber rates, carloads from Points in Colo­ of Certificate in No. MC 30067, issued upon the basis of the showing contained rado, New Mexico, Utah and Wyoming April 26, .1956, to Marlin Wallace Bean, in said application, unless an order for to points in western trunk line territory. doing business as South Branch Motor hearing upon said application shall be Grounds for relief: Short-line dis­ Freight, Moorefield, W. Va., authorizing issued upon request or upon the Com­ tance scales and market competition with the transportation of: General commodi­ mission’s own motion. Denver, Colo. ties, and numerous other named com­ By the Commission. Tariffs: Supplement 13 to .Chicago and modities of a general commodity nature, North Western Railway Company tariff between specified points in Delaware, [seal! N ell ye A. T horsen, I.C.C. 11349. Supplement 56 to The Den­ Maryland, New Jersey, Pennsylvania, Assistant Secretary. ver and Rio Grande Western Railway Virginia, West Virginia, and the District [F.R. Doc. "50-8217; Filed, Sept. 28, 1959; Company tariff I.C.C. 986. Supplement of Columbia. Donald E. Cross, 919 Mun- 11:43 a.rxi.J 54 to Union Pacific Railroad Company sey Building, Washington 4, D.C., for tariff I.C.C. 5412. applicants. No. MC-FC 62503. By order of Sep­ INTERSTATE COMMERCE By the Commission. tember 23, 1959, the Transfer Board ap­ [seal] H arold D. McCoy, proved the transfer to Russell Lott, doing COMMISSION Secretary. business as Lott Motor Lines, Meshoppen, [F.R. Doc. 59-8102; Filed, Sept. 28, 1959; Pa., of Certificates in Nos. MC 78982, MC FOURTH SECTION APPLICATIONS 8:49 a.m.] 78982 Sub 1 and MC 78982 Sub 2, issued FOR RELIEF March 5, 1941, October 19,1940 and June 2, 1949, respectively, to Richard W. Col- S eptember 24,1959. , pitts, Windsor, N.Y., authorizing the Protests to the granting of an appli­ [Notice 196] transportation of: Coal from Carbondale, cation must be prepared in accordance Pa.; and points within 8 miles thereof to with Rule 40 of the general rules of prac­ MOTOR CARRIER TRANSFER Binghamton and Windsor, N.Y.; salt tice (49 CFR 1.40) and filed within 15 PROCEEDINGS from Myers, N.Y., to points in Susque­ days from the date of. publication of this hanna County, Pa., and salt from Retsof notice in the F ederal R egister. S eptember 24, 1959. and Watkins Glen, N.Y. to points in Sus­ Synopses of orders entered pursuant Long- and-S hort Haul quehanna County, Pa., and from Retsof, to section 212(b) of the Interstate Com­ Myers and Watkins Glen, N.Y., to 15 FSA No. 35709: Petroleum products— merce Act, and rules and regulations counties in Pennsylvania. Montana points to Illinois and Wiscon­ prescribed thereunder (49 CFR Part sin. Filed by Trans-Continental Freight 179), appear below: [seal] H arold D. McCoy", Bureau, Agent (No. 363), for interested As provided in the Commission’s spe­ Secretary. rail carriers. Rates on topped or re­ cial rules of practice -any interested [F.R. Doc. 59-8103; Filed, Sept. 28, 1959; duced crude petroleum oil or refinery person may file a petition seeking recon­ 8:49 a.m.] 7850 FEDERAL REGISTER CUMULATIVE CODIFICATION GUIDE— SEPTEMBER À numerical list of parts of the Code of Federal Regulations affected by documents published to date during September. Proposed rules, as opposed to final actions, are identified as such. Page 1 CFR pa8* 7 CFR—Continued page 7 CFR— Continued 31______7631 906 _ 7198 1013 ______7198 907 ______’______7198 1014 ______7198 3 CFR 908 _____ 7198 1016______7198 Proclamations : 909 _- ______7808 1017— ______7570, 7635 2799______7517 911 ______._._____ 7198 1018______7198 2937 _ 7517 912______-______7198 1023— ______7198 2938 ______- ____ 7517 913 ______7198 1066______7809 2942______7517 916______7198 1105______— ___ 7571 2972____ 7517 917—______— 7198 Proposed rules: 3310 ______:_ 7397 918 ______7198 28______7835 3311 ______- 7397 919 ___ 7198 29______7789 3312 ______7399 921 ______— 7198 319______7107 3313 _ 7517 922 ______7198, 7351, 7565, 7753 351______7108 3314 _____ „ ______7517 923——.______7198 722______7382 Executive orders: 924 _ 7198 729______7461 July 2, 1910______7251 925 _ 7198 902______7585 Apr. 29, 1912-______*.----- 7829 928 ______:______7198 906______7510,7585 Mar. 17,1913______7529 929 ___ 7198 909______7107 Nov. 21, 1916—______7787 930 ______7198 913______7406 Feb. 11, 1933______7337 931 ______-______7198 924______7163 5904______7143 932 ______- ____ _ 7198 938______7702 7926______7787 933______7199, 7243, 7567, 7568 954______7409 9173______7253 935______7198 958______7107 9790____ .______7787 941 ______;______7198 963—______7207 10232______7493 942 ______—___ 7198 970______7278 10292______- ______— 7493 943______i ____ 7198 982______7380 10328______7493 944 ______7198 989-______7423, 7461 10344______7493 946______7198 997______- ______7619 10530______7269 948______7198 1002______7381 10594______7493 949______7198 1009______7381 10700______£__ 7519 952 _ 7198 1015______7647 10714______I______7493 953 ______7059,7199,7272, 1018______7703 10773_____ !______- 7519 7353, 7439, 7569, 7635, 7754, 7808 1024______— __ __ _ 7138 10836 ______—__ 7269 954 ______:______7198 1027______7530 10837 ______—____ 7493 956 ______7198 1066______— 7279 10838 ___ 7519 957 ____ 7353 959______7272 8 CFR 5 CFR 961______- ______7403 103______7364 2 ______7565 965 ____!______7198 299______7364 6 ______7087, 7127, 7162, 966 _ 71989 CFR 7272,7273, 7351, 7496, 7520, 7719 967______7198 73 _ 7244 24____ -______7805 968______7059,74 7198 ______7244 325______,1______7605 969—______7354, 7355 76______7365 6 CFR 970 ______7569 78— 'i— 7636 971 ______7198 79______7307 50 ______7520 972 ______:______7198 300______- ______7719 974 ______- _ 7198 12 CFR 331____ 7089 975 __ 7198 6______7606 351____.'______— 7749 976 ______7198 217______7062 421______7090,7092,7237, 7239, 7599 977 ______— ______7198 219 _ ___ 7062 427______7520 978 ______7198 220 ______7496 446______7599 980______:______7198 224 _ 7062, 7723 481-___;______— — 7807 982______7198,329 7439_____ : ___ 7062 483 ______7239, 7241, 7631, 7633 484 ______7092 985—______—____ 7198 13 CFR 986 ______- __ 7198 121______7458 7 CFR 987 ______7198 128______7063 4 8 __ - ______7127 988 ______7198 51 7633 989 ______7500,7722 14 CFR 52______7435 991______7198 l ______7065 68______7403,7721 994 ______7198 3______7065 301— ______7242 995 ______-______4b______— 7198 __ 7067, 7582 7072 319______7691 996 ______7753 6— ______330______7519 998 _ 7198 7______7074 362—1______7605 999 ______— 7753 13______I______7076 722 ______7055, 7058 1000 ______:______7198 20______7307, 7496, 7521 723______- ______7243 1001-______7605 29______7309 725______7243 1002_____L______7198 40 _ __ 7253, 7582 811______—— 7269 1004 __ 7198 41 _ ____ 7582 813______7438 1005 ______—______— 7198 42-______7582 815______7438 1008 ______- 7198, 7355 43______7582,7637 831____ - ______7499 1009 ______7198 45______7582 903 _ 7198 1010______r 7403 60______7129, 7253,7496 904 ______7753 1011 ______7198 225 _ — - 7155 905 ______7198 1012— .______7198 241______7253 Tuesday, Septem ber 29, 1959 FEDERAL REGISTER 7851

14 CFR— Continued Page 21 CFR— Continued Page 31 CFR Page 29«______7155 141c. ____ 7400, 7616 361______7523 406______7312 141e. .______7618 507____ 7254, 7255, 7365,7366, 7521, 7724 146_. 71Ó3,7400, 7616 32 CFR 514_____ 7521 146a______7258, 7614 45______7134 550______*______7810 146b______7258 83______7134 600 ______7130-7132, 146c______7400, 7616 146______7134 7366-7369, 7582, 7724, 7823-7826 146e______7618 148______7134 601 ______—_Proposed 7130-7132, rules: 7312, 211______7134 7366-7369, 7582, 7724, 7823-7827 15______7620 538___ —______7501 602 _ 7369,7370,7608 29______.______7648 561______i 7619 608______w____ 7273, 7312, 7313, 7637 53______7110 713______; 7440 609______7157, 7158, 7255, 7609 120______7167, 7552 716...... ______7523 1209___ 7638 121______7168,7337 730______.—V 7441 Proposed rules: 765______7440 1______7204 22 CFR 836______7162 3______7204 n ______7497 1101— ______7782 4b______7204 Proposed rules: 1602______7506 5 ------7204 41__ — 7644 1604______7506 6 ______7204 1613______7693 7 _ 7204 24 CFR 1621______7078, 7506 8 ______7204 200__— 7458, 7762 1626_...... ____ 7506 9 _ 7204 204______7762 1628______7506 10 _ 7204221____ .___ 7762 1632______7506 13 ___ 7204 222_____ .___ 7764 1655_____:______7506 14 ------„ 7204 225 ______7767 1660______7506 60------7164 226 _ 7767 1690_____„______7694 221—______7163 232 ______7767 1713______7526 241______7620 233 _ ___ 7768 32A CFR 507------7164, 7552, 7648 235_____ .___ 7768 236—______7769 BDSA (Ch. VD) 514------7165 M-17_____ 7377 600 ------7081,7083, 241______7769 7138, 7165-7167, 7383, 7384, 7464, 242 ______„ ___ 7773 33 CFR 7465, 7649-7654, 7704, 7733, 7734 243 _ ____ 7773 124— ______7581 601 ______7082, 7083, 7165- 244 _ ___ 7774 126______75Æ1 7167, 7205, 7206, 7384, 7465, 7466, 261___ _ .___ 7774 203______7379,7784 7651-7655, 7704, 7705, 7733-7735 262______7775 204—, ______7379,7581 263_____ 602 ______:______7206, 7424, 7655 ;__ 7775 36 CFR 608------7585, 7620, 7735 266_____ .___ 7776 267—___ .___ 7777 l ______7458 15 CFR 268______7777 13-______7404 230-______7522 277____ _ .___ 7779 20______7404 361______. 7087 292a____ 7779 221______—______7582 371------7200 293a______7779 Proposed rules: 373------_------7200 294 _ ___' 7779 20______7335, 7405, 7732 374_------7200 295 _ .— 7782 38 CFR 379------_------7200 400______7642 382__------7200 3______— 7259 25 CFR 6 „ ______7319 385------7200 8____ — _____ 399------7201 121______7100 7319 Proposed rules: Proposed rules: 39 CFR 364------7336 221______7163 22____ .______7182 16 CFR 26 (1954) CFR 111— 4______— 7245 1------7606 l ______7313,7370,7724 112______7245 3______7606 19______7371, 7373 122______7245 13—------7059-7061,7098, 48______r—_____ 7726 131______7245 7099,7133, 7273, 7274, 7723, 7761 Proposed rules: 132-______7245 Proposed rules: 1______7103,7460,7584, 7696 161______7245 1—310— ______7083 48______7460 162______7245, 7784 168—— ______7249,7506, 7784 17 CFR 301______7645 270______27 CFR 41 CFR 18—61______7639 Proposed rules: 7078, 7377 230 Proposed rules? 249 ______29 CFR 202— ____ 7735, 7736 19 CFR 101"— —______7500 42 CFR l i ____ _ 102______7500 21______7274 19___ 401— ______7827 Proposed rules: 408______7827 73— _____ 7835 20 CFR Proposed rules: 2 5 ___ 9______7551 43 CFR 613______7736 115______— 7333 21 CFR 161— — ___ 7582 l ___ 687—...... 7736 699______7736 200______7334 9 ___ 270______7527 19____ 30 CFR 404______7529 51___ _ Proposed rules: 412______7529 120___ 33______. 7135 Proposed rules: 121 — 35— ___ S 7728 14______7406 141a— 36______7696 160______7834 141b...... 250______7460 161____ 7834 7852 FEDERAL REGISTER

43 CFR-—Continued page 43 CFR— Continued Page 46 CFR— Continued Page Proposed rules—Continued Public land orders—Continued 181______— ______7197 192______7834 1991____ _„______7830 183______7197 201 ______7460 1992____ •______7831 251____ k...... —______— 7832 202 _1.______7529 1993 ______7831 308 £ ______7103 Public land orders: Proposed rules ; 82______7200 44 CFR 201—380-x______7138 486______7252 Proposed rules: 657______- ______.__ 7253 401______7280 47 CFR 1061______7251 45 CFR 1------7728, 7832 1071______7252 3------i ______7162, 114—__ 7694 7274-7276, 7385, 7507, 7728, 7755 1621______i______7200 531______— 7832 1654______7252 7 ------7334, 7642 1929______’______7459 46 CFR 8 ______7334, 7642 1963 ______7727 12______7177 17______7832 1964 ______7079 30------7179 19______7276 1965 _____ 7200 32 ______7179 Proposed rules: 1966—_. ______* 7251 33 ______7179 3— 7710, 7259, 7280, 7466, 7467, 7737 1967 ______7251 34 ______7179 7 ------7110 1968 ______7251 35 _ 7181 8 ------7110 1969 ______7251 43 ______7181 9 __ 7110 1970 ______„ ____ 7252 44 ____i______7182 10 ______7110, 7469 45 ______I______7182 11 ------7110 1971 ______;______7252 51______7183 16____ 7110 1972 _ 7252 52______7184 19------7110 1973 ______7253 54 ______*_____7185 1974 _ 7334 55 ___ 7187 49 CFR 1975 ______7459 56 ______7188 95_. 7103,7404, 7405 1976 ______7459 57 _____ :______7190 196 ______7695 1977 ______' 7459 198. ______7695 1978 ______7528 61______7190 1979 ______7528 71—______7190 50 CFR 1980 ______7529, 7786 76______7191 6______7079, 7277 1981 ______7529 91______7191 17______1_____ 7755 1982___._■______7695 95______£______7191 31______7510 1983 ______7727 110—______7192 34______7833 1984 ______7786 111______7192 35______7833 112—______7194 115______7335,7834 1985 ______7786 113______7194 1986 __ 7787 Proposed rules: 161__ 7195 31. 7105, 7203, 7204,7277 1988—______7787 167______7196 32. ______7106,7204 1989 ______7829 172—______7197, 7506, 7507 34. ______7106, 7277 1990 _ 7830 176------7197 35. ______7379